Confused and Frustrated

[koolking1701]

What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? North Carolina.. Operating a motorcycle. Bike broke down on interstate. Used cell phone to call AAA. It was about 9;05 pm. AAA arived at 9:35 pm. Trooper stopped to see if asistance was needed. Told him we had it covered and he began walking back to his cruiser. He walked back up to me and asked if I had been drinking. I said 2 mixed drinks. He asked how long ago. I said last one was about 2 hours ago. He handcuffed me, put me in his car, and told me to blow into alco-sensor. He did no field sobriety test. I aske dthe result of test. his said .20 (and then said that can't be right"). Took me to take intoxilizer. I asked to be aloowed to take my dentures out before I blew (I wear denture pads that are absorbant. Operator said it would not effect results. I was handcuffed so I could not take them out. I blew .13 twice. I then asked for a blood test. He informed me that I did not wan to do that. Said blood test usually come back significantly higher that breath test. There was a place on the consent form for me to sign. I could not sign because I was still cuffed. The wrote "cuffed" in the space I was supposed to sign. Was taken before magistate. There was another form I wa ssupposed to sign that I never saw informing me of my rights. I did not sign that one either (still cuffed). Went to a lawyer. He said we would fight the charge. After several continuances on his accord, the attorney said it would go to trial this upcoming week. I went to visit him and he said he thought I would be convicted. Quite a change of tone of what he had told me when I retained him. He is supposed to be the best lawye in the area I was arrested. Should I seek onother lawyer and pay him/her. Do I have a good case?

 

[ERAUPIKE]

What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? North Carolina.. Operating a motorcycle. Bike broke down on interstate. Used cell phone to call AAA. It was about 9;05 pm. AAA arived at 9:35 pm. Trooper stopped to see if asistance was needed. Told him we had it covered and he began walking back to his cruiser. He walked back up to me and asked if I had been drinking. I said 2 mixed drinks. He asked how long ago. I said last one was about 2 hours ago. He handcuffed me, put me in his car, and told me to blow into alco-sensor. He did no field sobriety test. I aske dthe result of test. his said .20 (and then said that can't be right"). Took me to take intoxilizer. I asked to be aloowed to take my dentures out before I blew (I wear denture pads that are absorbant. Operator said it would not effect results. I was handcuffed so I could not take them out. I blew .13 twice. I then asked for a blood test. He informed me that I did not wan to do that. Said blood test usually come back significantly higher that breath test. There was a place on the consent form for me to sign. I could not sign because I was still cuffed. The wrote "cuffed" in the space I was supposed to sign. Was taken before magistate. There was another form I wa ssupposed to sign that I never saw informing me of my rights. I did not sign that one either (still cuffed). Went to a lawyer. He said we would fight the charge. After several continuances on his accord, the attorney said it would go to trial this upcoming week. I went to visit him and he said he thought I would be convicted. Quite a change of tone of what he had told me when I retained him. He is supposed to be the best lawye in the area I was arrested. Should I seek onother lawyer and pay him/her. Do I have a good case?

Never ask a barber if you need a haircut.

 

[BigMistakeFl]

I think your lawyer may be right, that you don't have a chance of winning this fight. I think he should have told you from the start that your chances were slim, but that was probably before he had seen actual evidence collected during discovery. You paid him, he has represented you, and his advice is better than anything you'll get online from any of us who are only vaguely aware of your case. You can pay more fees and take it to trial, but that roll of the dice is entirely your call and it's you who takes the penalties if you do not win.

 

[macdabby]

check this guy out

California DUI Attorneys

first of all, if you lose, appeal it - and blast that idiot for not taking your case seriously

on that link above, there are some free videos to watch, and that guy Lawrence Taylor is one of the biggest advocates fighting against breathalyzer tests.

You had alcohol in your mouth which was undigested - pure alcohol - the thing with the breath test is that it assumes alcohol has been digested and slowly leaked through your lungs. When you blow into a breathalyzer, it multiplies the parts per million of your breath by about 2100 to GUESS your real blood alcohol content. If you have dentures absorbing alcohol, and esp if the top ones would drain downward and pool in the bottom of your top dentures, that would be pure concentrated alcohol, which would still be calculated and multiplied by 2100.

if everything you have said so far is true, number of drinks, dentures, etc, you have a VERY good chance at winning this.

You can even fight the probable cause - 2 drinks is not probable cause for arrest, which is what he did on your statement, but without even taking field sobriety tests? come on!

And if there are consent forms that you did not sign, because you were in handcuffs, those should be inadmissible. they would basically be saying "yes he wanted to sign that but we never uncuffed him"

 

[Isis1]

check this guy out

California DUI Attorneys

first of all, if you lose, appeal it - and blast that idiot for not taking your case seriously

on that link above, there are some free videos to watch, and that guy Lawrence Taylor is one of the biggest advocates fighting against breathalyzer tests.

You had alcohol in your mouth which was undigested - pure alcohol - the thing with the breath test is that it assumes alcohol has been digested and slowly leaked through your lungs. When you blow into a breathalyzer, it multiplies the parts per million of your breath by about 2100 to GUESS your real blood alcohol content. If you have dentures absorbing alcohol, and esp if the top ones would drain downward and pool in the bottom of your top dentures, that would be pure concentrated alcohol, which would still be calculated and multiplied by 2100.

if everything you have said so far is true, number of drinks, dentures, etc, you have a VERY good chance at winning this.

You can even fight the probable cause - 2 drinks is not probable cause for arrest, which is what he did on your statement, but without even taking field sobriety tests? come on!

And if there are consent forms that you did not sign, because you were in handcuffs, those should be inadmissible. they would basically be saying "yes he wanted to sign that but we never uncuffed him"

really? you aren't going to do this on EVERYONE's thread are you?

 

[macdabby]

am i? im offering help from my own experience - if you think im wrong - you would do more good in explaining the flaws in my statements than attacking me for trying to help. then you'd be helping 2 people at once, maybe more.

 

[FlyingRon]

First explain to us how a link to some commercial advertising site for California has any relevance to this guys NORTH CAROLINA DUI proceeding?
Further, the fuse here is SHORT. Posters usually don't wait three weeks for answers and most likely is long gone. So your dubious advice is wasted.

 

[macdabby]

check the link - it's not just california, it's national, it covers national DUI news, national DUI laws, and has plenty of information on DUI in general that is good info to have in ANY state - maybe even ANY country. the guy who runs it has law offices is something like 6 states, it's not just california - maybe that's the biggest market so he put cali in the title for SEO reasons - and i'm not "advertising" im helping to get some useful information out there for people who might need it - maybe the OP wont have any use for this info at this point, but maybe his case has been continued, or maybe someone else will find this post in their google search - you never know