dui arrest?
I was in a accident on december 7th 2007. I found out that my licenses was suspended that night for letting my insurance lapse and not having a sr22 @the time. when the police showed up i was stuck in my car and the cop pulled me out of the passenger side door banging my head on the door. he put on ...
I was in a accident on december 7th 2007. I found out that my licenses was suspended that night for letting my insurance lapse and not having a sr22 @the time. when the police showed up i was stuck in my car and the cop pulled me out of the passenger side door banging my head on the door. he put on the accident report he arrested me because a beer bottle fell out of the car but on my ticket i wasnt charged with a open containerwhy not? i also was not read my rights and i had to go to a different station for the breath test and i wasnt told that i did have to blow but i will lose my liscense for a year is this called a illegal arrest? the cop said that he was sleeping in a private lot on his shift, he also said that there was now evidence of me having slurred speech bloodshot eyes or lack of coordination. i also was not given a field sobriety test. can someone help me to understand this as soon as possible????
I have a lawyer but we keep getting a continuence because i had to blow 3 times and he wants all the reports of why i had to blow 3 times. he thinks the prosicuter has a week case. i just need to understand all this paper work he gave me and i have never been in trouble with the law before and i am afraid to ask him questions cause i feel stupid.. can a police officer please answer this for me???
i did not have slurred speech. i got hit with the air bag in the eye. they just threw me inthe police car and took me to the other station for the test. i wasnt drinking in my car and i never do. i aways were my seat belt and they said i wasnt. on the third test i blew a .135 they never told me what i blew the other two times. my lawyer said it was coherced.
i live in cleveland ohio. i hardly ever drink at all and i have never been in trouble with the law before in my 39 years of life. i have had no points on my licenses since i have had it.
it was a ittle fender bender i got into and i am not or have i ever been on probation at all.
Seriously….get off the internet and get to a law office. Sounds like your rights were majorly violated. Get a lawyer.
http://www.drunkdrivinglawyers.com/
gay
You should get a lawyer.
Slurred speech could result from a concussion from banging your head.
I do not know the answers to all of your questions.
lawyer up!!!!!!
The DA has to prove that this really did happen. Right now its your word against a police officer. 9 times out of 10 they believe law enforcement. You must get an attorney asap. Also, if you were drinking and driving, you get what you deserve. You could have killed someone.
I’ll let you know when you are sober!!!
yes, you were drunk.
1. you weren’t charged with open container, because the bottle was empty.
2. you don’t have to be read your rights. only if the cop planned to question you would he have to read them.
3. yes, you have to blow. I tell people that at the end of the arrest. it is your DUTY to know the law. ignorance isn’t a defense.
4. why would it be an illegal arrest? because you will lose your license? so.
5. I never give sobriety tests after an accident because injuries you received in the accident could be construed as symptoms of dui, and you could further get injured.
so in the end, what did you blow? I would have done the same thing the cop did, and he did it right. you have no case, and your breathalyzer is all they will need in court to convict you. STOP DRINKING AND DRIIVING!!!
well i am so sorry to hear about this.I hate to be so mean but man you are screwed unless you can afford a great attorney because a similar incident happened here and we where screwed. good luck to you
You left out one minor detail in your story.
Had you been drinking before the accident?
Hello….That little inconsequential detail somehow slip your mind, did it?
Here’s a clue. It might help.
Don’t drink and drive.
You say there was a breath test done, at the station? and that there was a beer bottle that fell out of the car? they had every right to take you in and did not have to give a field test as it was the scene of an accident, they also could begin you just because of the incident with the insurance. An officer should read you your rights only if you are being arrested on the spot, if not they can wait until you are at the station and if they have enough to arrest you at that point, read you your rights at the station. You could attempt to fight this, but it would be more about he said, they said, and you probably will still get the same out of the situation. As for the beer bottle not being on the report, it is like when you are pulled over doing 15 over and they only write you up for 10, not every thing is worth them charging you with. Figure a DUI is worth more than open container. Officially you were not under arrest until they gave you the breath test at the station.
1. You already knew that your license was suspended, because you had to receive a previous citation for no insurance,
2. The Officer believed you were under the influence, that’s why you were arrested. Field sobriety tests are not required if there is enough of evidence.
3. Miranda warnings are only required if there is a chance of self incrimination.
4. When you signed for your license, you agreed to take any chemical tests pertaining to your privileges.
Speak to an attorney. I’m sure he will explain everything to you.
You are on probation right? Did you drink that night? Why was that empty beer bottle in your car? I think the Cop gave you a break for not charging you with open container. As for your insurance lapsing, that’s serious. DMV will suspend your license. The accident wasn’t your fault was it? They will still look at your driving record even if the accident isn’t your fault. The breath test should reveal if you violated your probation or not. That’s part of the process; you better hope that the test come back 0.0% alcohol. What state do you live in? If you had any alcohol in your system you will need a lawyer and you might be changed with another DUI. You are looking at more fine’s and possible jail time and DMV will suspend your license. For how long, I’m not sure you might ask your lawyer. Your lawyer needs to make a plea deal with the DA. If your lawyer is good you might get off with a lighter sentence. All I know is the Law is getting tougher on DUI violater’s.
I think this varies between states. But if you’ve been in an accident and he thinks you’re drunk, they’ll usually take you in for a breath test. He’s citing the bottle and slurred speech as a reason for taking you in for the breath test. I don’t think he needs to arrest you to request a breath test, so it’s possible you weren’t arrested.
(Also, not sure on all states, but Open Container Law does indeed apply to empty containers).
My advice get a lawyer. If nothing else they’ll keep your fine/ban to a minimum.
*Updated*
Yeah you’ll probably find that your lawyer will get an continuence because it’s usually the procecuting lawyer that has all the info. They’re not usually all that quick at passing over the stuff your lawyer needs.
If they think they have a case they’ll take it to court where they’ll read out choice parts of what the arresting officer reported. Then they’ll have the results of the breath test. Seems odd that if you had to blow three times they didn’t give you a blood test. I think .08 is the legal limit, but since the breath test has been shown to potentially give readings 100% more than actual you’d probably have a case at .135.
First, you are going to have a hard time proving you were not read your miranda rights. Chances are you were and don’t remember because of the confusion of the event. It’s also possible, you were not mirandized because you may have been too intoxicated to provide a statement, I’m sure the tape from the dashboard camera will reveal the truth.
Secondly, you may not have been given a field sobreity test, because injuries from the accident may have made that difficult, which would be consistent with your statement that you were pulled from your vehicle.
As for why you were given the breath test at a different location there could be any number of reasons, there is no law that says you have to do it at the scene,especially if you were taken to a hospital.
If you refuse to take a breath test you can be arrested and or have your license suspended depending on state law, it’s called implied consent laws, you automatically agreed when you signed for your license. Driving is a right not a privilege. Therefore the arrest isn’t illegal.
In my state being involved in an accident is reason enough to take someone for breath, blood, of urine testing (even without any evidence suggesting consumption of alcohol).
Evidence that you may have been drinking (beer bottle, speech, odor, eyes, etc.) is just icing on the cake for the officer’s case.
Contrary to popular belief police to not need to "read your rights" upon arrest. However, if you had said to the officer "I was SOOOO drunk when I crashed my car into that guy" your admission would NOT be admissiable as evidence in court. If the cop had "read your rights" and you made that admission it could be used it court. That is the ONLY bearing that "reading rights" has on an arrest.
In most states you get 3 chances to blow a breath sample that is adequate (enough air for the machine to get a proper reading). My guess is that you did not blow enough air the first 2 times.
A 0.135% is well over the legal limit. Sorry.