Situation:
The arresting officer in question claimed I failed to yield the right of way. The arresting officer stated that I was swerving which were his two probable causes for arresting me. The video on the other hand shows that as I was backing out of a driveway, I did yield the right of way to nobody on the road and sidewalk. The officer's car did swerve as shown on the video, but the tape never showed who caused the swerving. According to his audio, he claimed I did the swerving. As he was following my car, the video showed that I never did swerve on the road. Not until the officer turned on his lights and sirens did I begin to swerve. Will my case be thrown out of court and ready for expungment, or will I have to take this to a jury trial? I took the breathylizer test, and the results came back inconclusive. No blood or unrine test was administered to me at the time.
2006-08-25 09:20:13 · 4 answers · asked by Joe B 2 in Politics & Government ➔ Law Enforcement & Police
Perhaps a very good attorney could get the case thrown out of court.
You admit to swerving after the police turned on his siren but before he arrested you. However, the breathalyzer test was inconclusive and swerving may not be much of an offense.
It seems that you backed out of the driveway and didn't notice the police car which had to swerve to avoid you. This warrants a ticket and I think a jury would find you guilty of this because the officer's testimony along with the tape of his swerving car would be sufficient evidence.
The two swerving events caused the officer to give you a breathalyzer test which was inconclusive, so it is hard to believe that a DWI would stand up in court unless there was a backup blood or urine test administered within an appropriate time frame. You state that you didn't get one of these tests 'at the time', but I don't know if you may have had one an hour later.
2006-08-25 09:38:04 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer. Since the test was inconclusive you're in a pretty good position for a lawyer to get the case tossed. But don't go it alone! The state does NOT actually need a positive breath or urine test to get a DUI or DWI conviction contrary to what most people think. A lawyer is really necessary in this case.
2006-08-25 16:31:27 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
since there is no evidence of DWI there is no proof that you were under the influence. It is the officers word against yours, but since there is a video, most likely this won't go to court, maybe a small fine for swerving.
2006-08-25 16:27:53 · answer #3 · answered by staydee 2 · 0⤊ 0⤋
get a lawyer instead of taking a chance with the judge
2006-08-25 16:26:13 · answer #4 · answered by lil_binbin 2 · 0⤊ 0⤋