Failed field sobriety test , was arrested n pass breathalyzer test .o4 ... do i need a lawyer?

8 views 5 answers
first off i was driving my friends car (which he was intoxicated at the time) n his License was suspended ... so the cops ran the tags when they was behind me n pulled us over , they suspected drinking going on by the smell of liquor in the car (which he had an open bottle in there as well) so they had me get out to do the dui field sobriety tests which the cops claim i failed so they arrested me n took me to the station to take the breathalyzer test n passed .04 let me go .. which i have to appear for court but gave me 4 tickets for driving while under the influence of liquor or drugs, obstruction of winshield for vision,open container of alcohol , and reckless driving

Attorney Answers

5
Benjamin Kelsen ·
It is my opinion that any time you are facing potential loss of license and other "consequences of magnitude" you should have an attorney. Even though your breath test was less than the legal limit you are still charged with serious violations. You could be convicted on only the officer's observations. Do yourself a favor and hire an attorney. You can call me for a no cost no obligation consultation at your earliest convenience.
0 upvotes
Randolph Wolf ·
The first thing that occurs to me is that the stop itself may well be invalid. Unless you meet the physical description of your friend, the police cannot pull over a car just because the registered owner of it is suspended. You should probably retain a lawyer. Even though you passed the Alcotest, you could still be convicted based upon the Officer's observations and the sobriety tests. You also have to defend the Reckless Driving ticket which is 5 points and a possible suspension. If you would like to discuss the situation in detail, send me an email to [email protected] and we can talk about it. Best Regards, Randolph Wolf
0 upvotes
Ted Harvatin ·
They are going to try and prove you DUI drugs. Get yourself a lawyer.
0 upvotes
Eric Mark ·
They can still prove the case by observation, meaning based on what the police saw and your performance on the tests. The penalties are the same as if you blew over .08. You probably have a strong case, but you need a lawyer for any hope of avoiding conviction and the suspension and fines that go with it.
0 upvotes
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
In NJ you can be convicted of DWI by being over the limit (a per se case- limit .08) or by observations. With an .04 you have a strong case. If there is video of the FST you can make an argument there but otherwise it is your word against the cop. In NJ they can stop the car if the registered owner in revoked as long as you are of the same sex. They didn't take blood or have a DRE (Drug Recognition Officer) so it will be hard for them to prove DWI drugs. But a case says they can try. They didn't write under the influence either. The prosecutor will likely offer you a suspension on the reckless and drop the DWI. With an experienced criminal defense attorney you may be able to beat the whole thing or most of it and drive away from the Courthouse. The radio transmissions may disclose what the cop was saying regarding the stop. I do not think you can do this by yourself. But give it a try and see what the prosecutor is offering. You can then ask for an adjournment and get an attorney. Call for more information.
0 upvotes