brenda1231
(Journeyman)
03/16/04 10:41 AM
Re: Legal advise don't take their test(s)

Quote:

YOU SHOULD NOT HAVE TAKEN THE FIELD TEST PERIOD. ALL IT IS USED FOR IS SO THE POLICE CAN SAY YOU FAILED IT, THUS GIVING THEM "PROBABLE CAUSE" TO ASK YOU TO TAKE THE OTHER TEST.................I ALWAYS KEEP A TAPE RECORDER WITH ME. REASON? THE COPS SCREW UP MANY TIMES AND YOU HAVE A RECORD OF EVERYTHING THAT WAS SAID. THE FIRST THE POLICE HEAR ABOUT YOU HAVING TAPED THEM SHOULD COME ONLY FROM YOUR LAWYER............IT WORKS




I was actually given this advice.
"Do not get out of the car. Tell the officer that unless you are under arrest, you have the right to NOT get out of your car, or submit to ANY questioning or tests or searches. Provide your insurance and DL requested and wait."
There's a legal advise website that gives that advice, and actually has a card to print out, stating your rights, and advises handing it to the officer.

My personal opinion is this is an easy way to tick off a cop and have them arrest you.
However, I was researching my situation 'after the fact' and found a wealth of info that supported OUR rights, including not answering ANY questions and such.

In my instance, I had been driving a long time, was tired, am night blind to begin with, was in the mountains and had just consumed a mini bottle of ice cold yummy schnaps(at a rest area while checking a map...admittedly STUPID!); therefore I am sure the smell of alcohol was strong and I probably had red or glassy eyes. Mine was a losing battle with the officer. I was not drunk,(and luckily had not consumed any or had any narcotics with me) but under the circumstances I really could not fault the officer for suspecting such. I was also out of state. My attorney later stated that he wished I HAD taken the breathalyzer as I more than likely would have passed.
Other things I have found out since the conviction, lead me to believe that had I had better contact/communication with my attorney or asked for a jury trial I likely would not have been convicted. However, the biggie for me was the out of state situation, having to drive to court, have only 'phone meetings' with attorney, etc.

At any rate, whomever said do not plead guilty or admit guilt is correct IMO.
And I go one further and say appeal and ask for a jury trial should you be convicted.

One very important thing to consider is that DSS can and often will get involved if you have chldren. Regardless of whether they were in the car or not! That was the case with me, I had to go through a 3 month Intense treatment/education program that was 3 nights a week for 3 hours a night @ $75 per hour and at my own expense! This was to satisfy Dss.....I still have to go through another alcohol/drug awareness program to get license back! this is at least another $500.00!
In fact I have been on the phone with everybody from DMV to the couselors at the program I went through for DSS today and keep getting the run around. At this point I am going to go throught he darned thing, rather than waste any more time. Which brings up another issue that is off topic. (pee tests for THIS program)
For the record, my DUI was in NC, which is not my home state, but where we were going camping. NC law it seems that a breathalyzer refusal is pretty much considered an admission of guilt.
In My home state I know several people who had DUI's lessened to reckless by refusing the tests and or plea bargains, however the reckless driving convictions were treaed as DUI's as for requiring a Drug/Alcohol awareness program, Sr-22 and insurance hike.

okay..I am out of breath..why can't I type a two line post?????



Help & Contact Information | Privacy statement | Rules Free Members Area

*
UBB.threads™ 6.5
With Modifications from ThreadsDev.com by Joshua Pettit