i fell against my car when drunk as police were passing... they were going to arrest me for criminal damage as id scratched paintwork... i told them it was my car so they told me to take breath test.. i refused cos i hadnt and didnt intend to drive..10 points on my licence and i had done nothing wrong.... i wasnt charged with intent to drive or drink driving... has anybody been in same boat and had successful appeal?????
2007-02-27 08:22:17 · 16 answers · asked by jim d 2 in Politics & Government ➔ Law Enforcement & Police
u should have been charged with public intoxication, theres no way out of it.
2007-02-27 08:26:19 · answer #1 · answered by KiTtYcAt7 4 · 0⤊ 0⤋
You've been charged with 'failing to provide' so it makes no difference whether you were drunk or not. The offence has been committed when you refused to blow into the tube. If you provided a positive sample i.e. failed the breath test you may have been arrested for being technically drunk in charge of a motor vehicle but the chances of conviction are mininal if you were not seen in the vehicle. Why did you fall against your car? Is it because you were just getting out or trying to get in? No appeal, just accept you're wrong.
2007-03-01 05:34:41 · answer #2 · answered by Anonymous · 0⤊ 1⤋
In Britain
If you had taken the test & failed, you would have been unlikely to suffer prosecution who must prove a pooibility of driving. HOWEVER, this possibility doesnt come into a refusal - if the demand is made, you must provide a sample(s) - you can argue the likelyhood of driving afterwards, because the Police must prove you had driven (drink drive) or were likely to drive (in charge of a motor vehicle, alcohol above limit). The law, however, is that a sample must be provided if demanded, if Police SUSPECT an offence may have taken place, (whether or not it has... note SUSPECT, not PROVE). Your position is this - if the demand is made, you MUST provide, or be convicted - you have, from what you say above, no grounds to appeal
2007-02-27 21:43:04 · answer #3 · answered by skipper409 2 · 0⤊ 0⤋
If it is a DUI it is implied consent and you lose your license for 1 year I think in some states 5 years or repeated failures to blow.
If you were not in your car unless they saw you driving or videoed it you are not driving. Public intox would be the charge,
regardless you are likely going to be going to counseling.
2 DUI is about a death sentence,
and the rhird might as well be,
in WV I think they changed the manslaughter law regarding DUI to 3 to 10 years rather than 1 to 10 years.
Good luck I could tell you more but I had to learn the hard way.
2007-02-27 16:27:17 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You should have taken the breathalyzer. Unless they were going to charge you with public drunkeness, it wouldn't have been much use.
But, I would appeal it. If you weren't even in a car, I don't know how they can put points on your driver's license.
BTW, where I live, refusal to take a breathalyzer results in automatic revocation of your license for 6 months. So you got off pretty lightly for a crime you didn't commit.
2007-02-27 16:28:26 · answer #5 · answered by Anonymous · 1⤊ 0⤋
You can try, but I would not get my hopes up. Most cities have laws against being drunk in public. They can ask you to take a breath test if they think you are drunk, regardless of whether you were or were going to drive.
What you did wrong was refusing the breath test.
2007-02-27 16:31:22 · answer #6 · answered by David V 5 · 1⤊ 0⤋
Personally, if the situation was in Pennsylvania the charges COULD NOT really stand in court. There is a thought however, were your keys in your hand when the patrol unit approached you? If so, they could reasonably argue intent. The most I can see you being charged with is public drunkenness.
2007-02-27 16:27:22 · answer #7 · answered by punxsyparty 3 · 0⤊ 0⤋
If you are in the UK you are still in charge of the vehicle and I am amazed that wasnt the charge but refusing the breath test will stick
2007-02-28 04:24:38 · answer #8 · answered by frankturk50 6 · 0⤊ 0⤋
You can appeal in court, and state your case then the judge will decide if he/she believes you. Personally speaking if there was any doubt on the police officers' part that you had been driving they wouldn't have admnistered the test.
If you're telling the truth, then good luck.
2007-02-28 01:31:29 · answer #9 · answered by badshotcop 3 · 0⤊ 0⤋
hay jim mate if you werent behind the wheel the police cant do you at all and the otherr case that you scratch the paint work on your car you might have to prove that the car is yours by showiing your log book go and get advice from a serlicitor and apeal agianst it have you got any witnesses that you werent behind the wheel?
2007-02-27 16:40:26 · answer #10 · answered by Anonymous · 0⤊ 0⤋
Iwould see a solicitor,But in itself refusing a breath test is an offence.
2007-02-27 16:38:34 · answer #11 · answered by taxed till i die,and then some. 7 · 1⤊ 0⤋