I got a DUI and I was wondering if I could go to court and get off on that technicality. I heard they have to wear their hats cause it's part of thier uniform. The trooper who pulled me over was not wearing his hat, and another trooper told me that technically they do have to wear it, but alot of them don't. I pleaded not guilty, and didn't take the breathilizer on the street. I had to at the station and blew just under double legal limit which for Washington State is .08. I never got booked. Is there any way out of this? I'm single and have a daughter and I need my license.
2006-09-26 16:40:09 · 25 answers · asked by jaamin1 1 in Politics & Government ➔ Law Enforcement & Police
u should be in jail and lose all parental rights. u r a criminal.
2006-09-26 16:42:08 · answer #1 · answered by Anonymous · 3⤊ 3⤋
No, a trooper not wearing his hat will not be reason to get off from a DWI. You say you never got booked but this must be a misprint if you appeared in court already.
There are a few things to help with a DWI case. First, hire a good attorney. They can usually cut a better deal with the prosecution. Second, seek help. Even if you do not think you are an alcoholic, it is obvious that your drinking is adversely effecting your life. Enter into an outpatient program and this will show the court that you are trying to do the right thing, not just for yourself, but for your daughter. As for your liscense, that will depend on the laws in WA. Many states have a mandatory suspension, but almost every state offers a hardship liscense which would allow you to drive to and from work and to and from school or day care. It also will give you a weekly time to do errands and shopping.
In the end, fighting a DWI is usually unsuccessful because of the overwhelming evidence against the defendent. Most cases are best resolved with a plea bargin which has the best results with good representation. Make sure your lawyer specializes in DWI defense. Good luck.
And for those who say you were dumb to blow the BA test is wrong. All States allow a refusal to submit to a breath test in as evidence and all States allow jurors to deduce that your refusal is based on the fact that you knew you would fail the test in the first place.
2006-09-26 16:59:10 · answer #2 · answered by Mr Mojo Risin 4 · 0⤊ 0⤋
Wow---twice the legal limit and you are going to try for the HAT TRICK---don't suggest it hon. It will really TICK the judge off. Speaking as a former police/court officer. REALLY dont try it.
2) Booked? As in "Book her Dano?" Does not happen in this day and age alot. Did you get tickets? So at the station they made you blow into the breathlizer? They do not have to do that out into the street as the PBT's on the street are part of the FST tests and are not admissible in court--just to help an officer make a determination into whether a person is impaired (which it sounds like you must have been)
3) Set a standard for your daughter. Own up to what you did. You made a mistake. You could have just as easily ended up with someone imbedded in the grill of your car and be looking at a manslaughter plea. You can ask for a work liscense and hours of restriction so that you can drive your daughter around to daycare or for certain hours of the day for work. It won't last forever, whereas a fatality does. Count yourself lucky.
2006-09-26 17:51:29 · answer #3 · answered by KR 2 · 3⤊ 0⤋
Washington State Hats
2016-11-04 04:29:44 · answer #4 · answered by ? 4 · 0⤊ 0⤋
0.8??? That sounds high. A person should drink at home.
State Troopers do a tremendous job, and I support them.
Yes, I have been pulled over, but not DUI. Speeding to get to a domestic fight to calm things over, and the Trooper let me go. It was only a few miles over.
U really need to drink at home, after work, and after your daughter is asleep or she does not need your full attention.
State Troopers are nice.
Take care and good luck to you!
You could try psychiatrist treatment for a problem---that might get u only probation if u r lucky.
2006-09-26 16:47:34 · answer #5 · answered by kay w 3 · 1⤊ 0⤋
The hat is part of the uniform, but the uniform is not required for the officer to perform his duties... as long as he is a sworn officer in your state, he can issue you the summons. What you're trying to get at is similar to saying that if a trooper isn't wearing his hat, he doesn't have to care that you are unconcious in your car that you crashed that is about to explode.
2006-09-26 16:44:45 · answer #6 · answered by Anonymous · 0⤊ 0⤋
They are required to wear there hat in the state of South Carolina I know. How do you know you have a dui if you was never booked? If you was charged then you would have been locked up right then. I suggest you talk to a good lawyer that can help, this sound like B.S to me. I know I have two pending DUI's and was locked up both times til the majestic came in the next morning. And I had to go straight to a lwyer and it cost me 3 grand just for him to take my case not to mention the tweny-three hundred dollars fines I AM FACING.
2006-09-26 16:48:22 · answer #7 · answered by srcall1 2 · 0⤊ 1⤋
You should've thought about her first when you were out driving drunk & risking everyone else's life that day. Take responsibility for your actions & remember to apologize to the court & the officer before you are handed down your sentence.
Check out your state code that you were charged with in the library it should list the punishment in the code. You may be eligible for a restricted license.
You think because he didn't have his hat on that this excuses your actions. I guess if you were in a car wreck you'd want his hat on to rescue you. Come on.
2006-09-27 06:03:16 · answer #8 · answered by jillette 4 · 0⤊ 0⤋
I must admit I don';t know much about the Law in your country.
But I would imagine any persons who work with or within the Law must abide by the rules when wearing uniforms and having identification. When driving or riding such a vehicle, one must have identification to show who he or she is and be appropriately dressed when pulled over.
You may also question person concerned. if they don't have either, you are able to report a complaint.
I'd look up the Law in your State, it will have all relevant information
2006-09-26 16:47:47 · answer #9 · answered by aotea s 5 · 0⤊ 0⤋
greetings...welcome to the DUI club. the bottom line is you drank you drove you got caught. it doesn't matter if the trooper was wearing swimming trunks. indeed law enforcement officers have a dress code. but as far as a technicality issue..nice try...just pay your fine, do you AA meetings, complete the driving school and dont do it again. good luck
2006-09-26 16:52:49 · answer #10 · answered by Anonymous · 3⤊ 0⤋
I don't think this defense will work. You could try it, but it might backfire and p*** off the judge.
So you blew almost .16??!?! And you're a single mom?!?!?!
Honey, you should've thought about how much you do NOT need a DUI **before** you got drunk and got behind the wheel! Be thankful you didn't kill yourself or someone else. Be grateful you got pulled over instead!
You were in the wrong. Take your lumps, learn your lesson, and please don't ever be this dumb again! Your daughter needs you alive and well, not drunk and dead.
2006-09-26 16:41:17 · answer #11 · answered by I ♥ AUG 6 · 3⤊ 0⤋