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I WAS PULLED OVER BY CHP FOR SWERVING ON THE FREEWAY AT 4 AM I WAS FALLING A ASLEEP WAS PULLED OT OF MY CAR AND HAD TO PERFORM FIELD SOBRIETY TESTS PASSED THEM CHP SAID I SMELLED LIKE LIQUOR TOOK TO STATION PERFORMED BREATHLIZER TEST HEARD THE COP SAY IT WAS 0.06 BUT ON THE TICKET WROTE 0.08 ISTHERE ANY WAY TO PROVE IWAS 0.06

2007-06-27 13:26:59 · 4 answers · asked by mrgrumps01 2 in Politics & Government Law Enforcement & Police

bull winkle how did you know iwas going 60mph are the cop who pulled me over lol

2007-06-27 13:44:47 · update #1

should i fight it or just plead guilty

2007-06-27 19:46:27 · update #2

4 answers

Before you go to trial, your case will go through what is called a discovery phase.
Be sure to let your attorney know what the officer said, so that he/she can look for the test results and compare them to what was written on the ticket.

2007-06-27 14:18:03 · answer #1 · answered by Anonymous · 2 0

Have your lawyer subponea the results fromt eh breath machine. The state actually Division of forensic science) is usually the one that maintains the reocrds. Also the officer should have given you a copy of your breath results.

2007-06-27 20:30:21 · answer #2 · answered by bklyn2808 3 · 0 0

The breathylizer produces a written record that is used in court. The DA would have to produce it, if push comes to shove. Hire an attorney. (And please stop driving half asleep at 60 mph at 4 AM with alcohol in you.)

2007-06-27 20:37:45 · answer #3 · answered by bullwinkle 5 · 1 0

If you were swerving, your BAC is NOT the issue. You had alcohol in your system and your driving was impaired. That qualifies as DWI in most states. A BAC of 0.08 qualifies without additional evidence of impairment.

2007-06-27 20:44:30 · answer #4 · answered by STEVEN F 7 · 0 1

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