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I was pulled over for speeding 80 on a 55 he took me out and barley did a test put me in the back took me in and i blew a .11
Anonymous6 views9 answers
I was going with the flow of traffic and he pullls me over asks why i was pulled over than asks if i been drinking, I told him i had a few beers but it was way back since by friend was emitted to the ER for food poisoning i was at the hospital for a good amount of time, The plan was to stay hotel already booked but my friends discomfort was unbearable so we attempted to leave. As im doing the sobriety test i lost balance in the start when i lifted my first leg up since i did it so sudden but i walked the line fine front and back recited the alphabet and thats all he put me in the back brought me to the station, Then he read me my rights and gave me a breathalyzer test twice, he told me i blew a .11 i was shocked could my brushin of teeth change the machine results so dramatically
Andrew Ryan KravisCorporate / Incorporation LawyerEast Rutherford, NJ ·
You should definitely contact an attorney directly to assist you with this matter. The consequences of not receiving competent counsel could be extreme.
You are facing points for the speeding, not to mention the serious penalties for DWI. You need to hire an experienced DWI attorney as soon as possible so that your case can be reviewed and any and all defenses can be assessed. Many qualified ones can be found on avvo by using the find an attorney search engine.
You were smart to reach out for help.
As you describe the case; it is winnable.
Retain an attorney to file a motion to preserve the video.
Then, a motion to dismiss should be filed.
Do you have medical concerns that would have made the tests difficult?
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
There are many reasons for a false blow including the Alcotest not working properly. (two tests are required). You can contest the arrest and the stop as well. If you want to fight hire an experienced criminal defense attorney.
You need a good DUI defense lawyer, there, now! Anything in your mouth can mess up a breath test.
Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.
That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.
Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!
After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.
You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.
That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.
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I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
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