Charged with DUI

[QuadNutGin]

What is the name of your state (only U.S. law)? Pennsylvania

There are a number of reasons that I would like to fight this DUI, as I feel it never should have occured. I am currently unemployed, and cannot afford a lawyer, so I have a public defender. Over the pas 10 months, I have only met with him twice for a total of 15 minutes, which was just signing papers (more on that below).

I felt the officer had no reason to pull me over. He was behind a car in the right lane (I was in the passing/left lane), and after a little distance, went behind me because they did not pull over. When he had me pulled over, he said that he thought I was running from him because I wasn't pulling over! I had gone maybe 100-150 feet after he got behind me until there was a safe pulloff at a carwash parking lot. He claimed I had swerved into an oncoming lane, which I knew I did not. On his statement, and all paperwork, he claims that I crossed a double yellow line into the oncoming lane while passing traffic. There were a few other false statement, but this is my primary concern. He also said this happened in the 600 block of Scalp Avenue. There is a median strip along that entire block, and it is lined with 3 foot high posts. It would be impossible to cross into the lane without taking out posts, damaging my car, and probably ripping off my exhaust, among other things. Shouldn't this be grounds for dismissal of all charges, as he made an illegal stop. One theory I have is that he saw myself and the other car leave the bar, as it is only 3-5 blocks from where he decided to turn his lights on.

Now, the public defender part. He told me on our first meeting, which was at my arraignment, that since I blew positive that I'm just going to take ARD and pay the fines for the other violations that came with my incident. He also said that I was getting a public drunkenness charge because I got out of my vehicle into public when the officer told me to. He never asked my side of the story, and made me feel like there was nothing I could do, so I signed papers he said that would start the ARD enrollment process. I just did so, not really knowing what was going on. After looking back now, I waived my right to a preliminary hearing, and had no clue I was doing so. I was sort of being rushed to get out of the courtroom for the next case. I later told my defender that I wanted to fight the charges, and he said well you're taking a risk but ok. He never gave me any advice on if I had a solid case, or was just making things worse. And their office says I can't get another one assigned. All this guy wants to do is push paperwork and make me pay.

Any advice, comments, etc? Thanks.

[cyjeff]

What was your BAC?

[QuadNutGin]

What was your BAC?

My BAC was .138 according to the breathalyzer, which seemed rather high because I didn't even drink alot (3-4 drafts over 2 1/2 hours or so). There was no blood test.

[BigMistakeFl]

Four (4) draft beers @12 oz ea
+
2 hours
+
160 lb weight

<Envelope please>
=
0.05 % BAC

[CdwJava]

There are a number of reasons that I would like to fight this DUI, as I feel it never should have occured.

That is common among defendants of all kinds.

On his statement, and all paperwork, he claims that I crossed a double yellow line into the oncoming lane while passing traffic.

That is sufficient to justify the stop.

He also said this happened in the 600 block of Scalp Avenue. There is a median strip along that entire block, and it is lined with 3 foot high posts. It would be impossible to cross into the lane without taking out posts, damaging my car, and probably ripping off my exhaust, among other things.

Then you may bring this up at court ... however, I suspect that the officer will articulate that he was wrong in what part of the street he was on, but that will also have a possible effect on the reliability and accuracy of the remaining info he presents.

Shouldn't this be grounds for dismissal of all charges, as he made an illegal stop.

Only if a judge agrees.

He never gave me any advice on if I had a solid case, or was just making things worse. And their office says I can't get another one assigned. All this guy wants to do is push paperwork and make me pay.

Likely, because he sees that as the only viable option. However, he has to do what YOU want him to do, and if you ant to go to trial, that is what he has to do. He may not want to, and he may think you have a weak case, but he has to take it to trial if you wish.

- Carl

[CdwJava]

Four (4) draft beers @12 oz ea
+
2 hours
+
160 lb weight

<Envelope please>
=
0.05 % BAC

Assuming, of course, that these were 12 oz. drafts ... and there were only four of them ... having worked many years in a bar, I found that you can often add about 50% to the number of drinks someone THOUGHT they had. For some reason, people seem to undercount by a a third to one half.

- Carl

[Peligroso27]

You are obviously innocent. This kind of thing happens all the time. You really shouldn't listen to your present attorney, you should get one that will do whatever you think is best. ARD gives you a chance to avoid a DUI conviction, your lawyer is giving you good advice and most likely put in some hard work to get you a deal. You always have the right to hire a lawyer and fight the fact that you blew almost twice the legal limit and then apparently were all over the road. Your original post and assessment of the legality of your stop make me think you should just represent yourself. There is a law that states the police cannot wait outside of bars and pull over drunk drivers as they leave and weave into oncoming traffic. Your defender is not payed by you so he doesn't work for you, he represents you. A private attorney will be able to give you much better advice and review the actual evidence in your case, i.e. dash cam video, your FST (if given), what was used to attain your BAC, and so on. Your public defender obviously doesn't believe your story, think you have a good case, or feel like taking the chance of a greater penalty would be advantageous for you.

[BigMistakeFl]

Assuming, of course, that these were 12 oz. drafts ... and there were only four of them ... having worked many years in a bar, I found that you can often add about 50% to the number of drinks someone THOUGHT they had. For some reason, people seem to undercount by a a third to one half.

One can see where the variables might be off in my BAC formula posted above.

[CdwJava]

You are obviously innocent.

No, he's not. He MIGHT be innocent, but it's not "obvious".

There is a law that states the police cannot wait outside of bars and pull over drunk drivers as they leave and weave into oncoming traffic.

You meant this to be facetious, right? (Sorry if I missed the humor .. a little tired tonight - late shift.)

As a note to those who might think this is the case, there is no such law that says the police cannot loiter in the area of a bar. They must have reasonable suspicion in order to make a detention of a driver, but they don't have to be sporting and stay away from bars.

A private attorney will be able to give you much better advice and review the actual evidence in your case, i.e. dash cam video, your FST (if given), what was used to attain your BAC, and so on.

Unfortunately, the OP said he cannot afford a private attorney. And, representing himself may not be a grand idea because it will take a LOT of work, and he will be held to the same standards as a practicing attorney ... it can be kinda daunting.


- Carl

[Peligroso27]

Carl I was being facetious. It has just not ceased to amaze me how many sober drivers are set up on their way home from the bar in this country.

[CdwJava]

Carl I was being facetious. It has just not ceased to amaze me how many sober drivers are set up on their way home from the bar in this country.

I apologize ... I didn't think that sounded like you, but, it's been one of those days where I can't believe my own ears ... or eyes ... sometimes

- Carl

[QuadNutGin]

I wish there was a way for me to listen to the tape (if there are any) of the police channel. This would help me determine where the officer was, and what other car he was going to get. If it was the one beside me, things are kind of ironic, because we both drove a white Pontiac (her's a Sunfire, mine a Firebird).

Assuming, of course, that these were 12 oz. drafts ... and there were only four of them ... having worked many years in a bar, I found that you can often add about 50% to the number of drinks someone THOUGHT they had. For some reason, people seem to undercount by a a third to one half.

- Carl

I know how easy it is to get started when you're drinking and lose track of things. Tuesday nights were always the same thing: go to this bar with some coworkers and order the same thing. I always took just $10 (because there were some of those "buy me a drink and I'll get you next time" people). This got me a dozen ranch wings and up to 4 12oz drafts of Budweiser. I also tried some of my friend's fries. It was the first time I ever had them at that bar - they lacked flavor and salt. I know that's kind of a stupid detail to even bring up, but I'm just saying I had a clear mind and memory of the night.

The BAC calculator of what my BAC should have been is still thrown off a little. Here it is with my correct weight, it's just a little higher than the original given.
Four 12oz drafts Budweiser over 2 hours, 270+ pounds (easy on the fat jokes )

Likely, because he sees that as the only viable option. However, he has to do what YOU want him to do, and if you ant to go to trial, that is what he has to do. He may not want to, and he may think you have a weak case, but he has to take it to trial if you wish.

What I want him to do is listen to my story, then discuss the outcome of fighting this and if it seems I have a case. Or at the very least, sit down with me to hear my story, my witness (the car beside me on the way home), and everything else so that he can prepare a defense. I am coming up for a Coll of List on 12/12, and he has yet to hear anything, including that it is impossible to swerve where the cop claimed I did. He doesn't know any of my reasons for dispute. ARD is offered to all first time offenders in this area, so he didn't fight for that at all.

[BigMistakeFl]

Very good, then we adjust the formula as you are a little heavier than the weight I used in the BAC calculator. With this correction, your BAC would have been significantly lower, not higher. See where this is going? Now we have to figure out a way to balance out the formula on the other side in order to equal your actual BAC.

That means <Envelope please> more alcohol consumption.

Clarity of thought and recollection of events does not mean you were not impaired. I recalled perfectly what certain billboards along the highway advertised on the evening of my arrest. It was worthless as a defense because it meant I could read, not that I wasn't driving while impaired.

[QuadNutGin]

Very good, then we adjust the formula as you are a little heavier than the weight I used in the BAC calculator. With this correction, your BAC would have been significantly lower, not higher. See where this is going? Now we have to figure out a way to balance out the formula on the other side in order to equal your actual BAC.

That means <Envelope please> more alcohol consumption.

Yea, I knew that more is needed for a higher number, and with more weight. I've looked around online and found a few possible solutions, though I don't know how to prove any of them. I'm going to call my public defender and demand we meet and discuss things on Monday (which is the only day he is available for contact, and it usually fails as he is "busy" and never returns calls). These are the top 3 I've seen that could apply.

1. If you have a higher body temperature (such as from being sick), the breathalyzer overestimates your BAL. I always seem to have a higher than 98.6 average temperature when I visit doctors.

2. The machine wasn't calibrated properly (I have no way of knowing this, so time might be wasted on this one).

3. The breathalyzer assumes your blood density is 47%, but this varies person to person and with other factors added in as well. Denser blood will put out a higher, and false reading.

[Peligroso27]

Without any sarcasm involved I'll try to explain this to you one last time. Your argument is inherently flawed because of the physical evidence against you that holds much more weight than your word. The officer claims you swerved over the double yellow line, so he pulled you over. Were you cited for that offense? If so, that could be thrown out but then you need to address your level of intoxication. You stated you go the same place and bring the same amount of money each time. Do you have the receipt to prove exactly what you had? Though this will not save you in court it may give you some clarity on how much you actually drank. If you had your own lawyer he could review the accuracy of the machine used to measure your BAC. Witnesses and subject matter experts could testify as to the unreliable nature of whatever machine was used in your case. You can't afford an attorney so that is not an option. The officer is going to testify as to what he saw that night. You need to remember that he is possibly considered a subject matter expert on detecting DUI depending on his training. You can argue that you were driving fine but the state will provide solid evidence to the contrary. You can argue that you were not intoxicated but the state will provide solid evidence to the contrary. In fact, for every argument you have there is solid evidence that favors the states version of events. If I was your attorney I would not recommend going to trial just so you can get a DUI conviction.