Many people who come into our offices after having been charged or arrested for a Driving While Impaired (DWI) offense figure there's a way to "beat" a DWI, and that if only they find a magic key, they'll be sprung loose from the nightmare of a DWI conviction.
It's a nice thought...
I was leaving post and govt officer has they call them self follow me for about 1 . 5 miles I was off post when he stop me I ask him why he put me over he didn't tell me I ask twice he ask me for my license which I don't have I told I didn't have one and he went to his car and ran my name and came back to my car and told me do you know why you don't have a license and it is because you have 2 DWI then he ask me if I Ben drinking I told him no as soon as I say that another govt officer with a mp got behind his car and they ran to my car and he told me the reason why they pull me over was because i was in the middle lane they ask me to blow and I told him no he arrest me take me to the station and don't do blood or piss test or make me take a sobriety test at all . don't lock me up either . Good case
My question is do I have a good case in federal court no evidence the cop never ask me to do a field sobriety test all he wanted me to do was to blow I refuse I didn't blow . My car is not on camera for going over the lane like he was no camera he didn't take blood or make me piss he didn't put me in front of a judge to tell me what my charges where . He didn't let me make my phone call so someone can watch me blow into the machine . all he did was watch me for 10 muns and he wrote on the ticket that he is a field officer he observe me for 10 muns and he can tell that I am ruck . And this one is on federal land so do I have a good case I suppose to get my license back in June of this year
-4 Years ago, I was charged with same
-I did not do a "90-96" program, because of a whole total of charges and past pending driving violations (of what I recall)
-Had 1 year probation (Completed, Paid ahead of time), Drug Class, 80+ Hours of Comm. Service and once probation was finished after a year, i was good to go.
Long story short - Received ticket with a G.S. 90-113.22 (Pipe) and a G.S. 90-95(a) (less than 1/2 OZ)
it has been 4 years since anything like this has happened.
I just want to know a few options and opinions because I will be needing a lawyer for upcoming court date.
Any help/suggestions - ETC. would be great for myself and nerves
You are right that you will need a lawyer for court. 90-96 will not be an option for you as you already have a...
Gave first breath sample, could not give second sample( did not even blow in to the machine) in the same machine cycle. Breath test sheet shows for first subj test a bac value followed by air black and for the second subj test "***"( yes printed stars) followed by another air blk. It shows "no test" at the bottom instead of "reported ac" statement. Operator did not wait for the second sample to time out and there was no refusal. Gave next breath sample some time later. No second sample for this machine cycle as well and i get a similar breath test sheet with "no test" at bottom. How do we know everything is working fine if there is "no test" as certificate of analysis?
We don't. I gather there were two sequential tests within .02. This will satisfy the statue as admissible, although...