i passed all the test that the trooper gave me, but just because i had alcholo on my breath he still arrested me. once at jail i took not one but two breathalizers and passed, but he still kept me overnight.
2006-07-07 17:04:42 · 15 answers · asked by nena 1 in Politics & Government ➔ Law Enforcement & Police
Why did you have alcohol on your breath? Didn't you know you were a threat? I don't feel sorry for you at all.
2006-07-07 17:08:52 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Okay well since all these people are judging you and criticizing you, Ill actually answer your question.
You can fight your charge, its probably not worth it for you to hire a lawyer BUT you may want to do some research on your situation. Findlaw.com is a great place to look up case law on this and also lookup actual legislative law.
You should be able to get your charge dropped or atleast lessened if you show up to court and plea not guilty. Once you speak with the prosecutor and prove that you passed your field sobriety and 2 exams at the station, you should be able to get your charge changed or dropped.
If not, mark this one down for experience and dont get behind the wheel after anything. Good luck.
2006-07-07 17:14:38 · answer #2 · answered by Anonymous · 0⤊ 0⤋
DWI is driving while intoxicated. The state may have different laws about this. In some states, there is the illegal per se law and the basic DUI law.
Illegal per se is the 0.08 BAC level on the breath test.
Basic is if you were driving under the influence.
The officer's testimony of how you were driving will be the most important key in this case. A small female who rarely drinks could blow a level under 0.08 but still be drunk enough to be weaving, swerving and unable to control the vehicle.
If you drank and got behind the wheel you are wrong. Plead guilty.
2006-07-07 17:18:11 · answer #3 · answered by thin-blue-line 2 · 0⤊ 0⤋
I speak for Texas on this. The legal limit here is .08 . Just because your breath test indicated under the legal limit, you may have still lost the normal control of your body functions due to the level of intoxication in your body.
I have a problem beliving that you passed all the tests. Not sure what tests he gave you, but I know there is more to this story.
Everyone's body reacts differently to alcohol. You may only have 1 beer and barly register on the intoxilzer, but if your body has a big reaction to the alcohol in your system it will effect you more in your body reactions. Some people can't handle themselves with even a little alcohol, even thou you are under the legal limit.......you loose control of the normal functions of the body.
2006-07-07 17:44:32 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Have you been arrested for drinking and driving before? Did they actually arrest you (finger print you and file charges) or did they just detain you until they thought you sobered up? If you must appear in court, hire a lawyer immediately. You can get one from Legal Aid if you cannot afford one, but you need a lawyer if they did file charges against you.
2006-07-07 17:09:22 · answer #5 · answered by Wiser1 6 · 0⤊ 0⤋
Did you get a ticket for DWI? The officer has the right to keep you if he feels you are unfit to drive, even though you're below the level. He can actually give you a misdemeaner ticket for blowing 0.05. If you didn't get a ticket, stop complaining, and quit drinking and driving.
2006-07-07 17:07:25 · answer #6 · answered by Rockstar 6 · 0⤊ 0⤋
You would not have gotten a ticket if you passed the breatalizers. Merely the smell of alcohol is not proof of DWI.
What was the exact charges ( and what state is it in, since each state has its own requirements)
I would say you are not telling the complete story on this.
2006-07-08 03:24:35 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you were drinking, you shouldn't have been driving period. What if you had an accident and killed a child? You would never forgive yourself. Just be glad it was only an arrest and not a death.
2006-07-07 17:09:36 · answer #8 · answered by notyou311 7 · 0⤊ 0⤋
If you had a drink and then got behind the wheel, don't whine about getting caught, impaired or otherwise. It was foolish. Take your lumps and learn from your mistake.
2006-07-07 17:09:06 · answer #9 · answered by Roger B 1 · 0⤊ 0⤋
You need to find a lawyer that you feel will help you remedy the "unfairness" that you believe happened to you. This lawyer will tell you what legal actions are available to you.
2006-07-07 17:11:13 · answer #10 · answered by Anonymous · 0⤊ 0⤋
You go to court with the evidence and fight the charges.
2006-07-07 17:11:03 · answer #11 · answered by Anonymous · 0⤊ 0⤋