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  #1  
Old 09-06-2004, 01:28 PM
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Location: Arizona
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Defense Help on my DUI/Traffic Issue


Scottsdale, Arizona.

Hello to whom this may concern,

I'll provide you with my violations and my concerns and hopes and could someone give me some good defenses to help me get a possible fine dismissed or any of these reduced:

I was heading home to take my cousin home after our nite at a small club, i also take medication for anxiety which can cause intensified drowsiness if alcohol is mixed which is what i told the officer and prewarned him about my medication.

I was stopped and officer gave me a FST, and Breath test, arrested then brought to police station to do the blood test which i did not refuse any of it but i also did not even ask any questions and i don't remember him giving me a miranda :/ but on my traffic ticket he gave me these violations:

Violation - DUI - Alcohol
Violation - BAC .08%
Violation - Excessive speed (approx 65mph when 40mph was posted)
Violation- No Proof of Insurance (i handed him the registration and inside of it was my current insurance piece of paper, he handed that back to me as IS, and i noticed he had written this down as no proof of insurance he seemed young or new at the job that was kinda of annoying and it seems that when i handed it to him he did not even notice it or even find that piece of paper in with the registration. He just said bring my proof of insurance to court on the Sept 15th whcih will be soon my first court date, i said okay and he said that will be dismissed as well when i bring it.

Violation - Extreme DUI.

thats all please with anything that i could defend myself on any technical details about the officer, or about myself, my medication or even my situation of taking my cousin home.

Thank you,
Paul
  #2  
Old 09-06-2004, 02:14 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by Paul762
Scottsdale, Arizona.

Hello to whom this may concern,

I'll provide you with my violations and my concerns and hopes and could someone give me some good defenses to help me get a possible fine dismissed or any of these reduced:

I was heading home to take my cousin home after our nite at a small club, i also take medication for anxiety which can cause intensified drowsiness if alcohol is mixed which is what i told the officer and prewarned him about my medication.

I was stopped and officer gave me a FST, and Breath test, arrested then brought to police station to do the blood test which i did not refuse any of it but i also did not even ask any questions and i don't remember him giving me a miranda :/ but on my traffic ticket he gave me these violations:

Violation - DUI - Alcohol
Violation - BAC .08%
Violation - Excessive speed (approx 65mph when 40mph was posted)
Violation- No Proof of Insurance (i handed him the registration and inside of it was my current insurance piece of paper, he handed that back to me as IS, and i noticed he had written this down as no proof of insurance he seemed young or new at the job that was kinda of annoying and it seems that when i handed it to him he did not even notice it or even find that piece of paper in with the registration. He just said bring my proof of insurance to court on the Sept 15th whcih will be soon my first court date, i said okay and he said that will be dismissed as well when i bring it.

Violation - Extreme DUI.

thats all please with anything that i could defend myself on any technical details about the officer, or about myself, my medication or even my situation of taking my cousin home.

Thank you,
Paul
**A: how old are you and have you had any other citations in the past?
  #3  
Old 09-06-2004, 02:18 PM
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Quote:
Originally Posted by Paul762
I was heading home to take my cousin home after our nite at a small club, i also take medication for anxiety which can cause intensified drowsiness if alcohol is mixed which is what i told the officer and prewarned him about my medication.
If you take medication that makes you drowsy when mixed with alcohol, that usually means you should be extra careful NOT to drink when you have taken your medication. It is also a violation fo the law to drive impaired on prescription medications, by the way.


Quote:
I was stopped and officer gave me a FST, and Breath test, arrested then brought to police station to do the blood test which i did not refuse any of it but i also did not even ask any questions and i don't remember him giving me a miranda
Miranda is not required unless you are both under arrest AND being interrogated about the crime. If he has arrested you, chances are he already has all the information he needed. If you counfessed to drinking alcohol ONLY at the station after the arrest, then you could have that statement stricken for no Miranda. But Miranda is not required for a chemical test ... breath, blood or urine.


Quote:
thats all please with anything that i could defend myself on any technical details about the officer, or about myself, my medication or even my situation of taking my cousin home.
Taking your cousin home is irrelevant.

Your medication issue just means you were aware of the fact that you could become a greater danger when drinking alcohol.

I would recommend you get an attorney quick. You cannot defend this by yourself.


Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #4  
Old 09-11-2004, 01:29 PM
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Join Date: Nov 2003
Location: Arizona
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Defense Help on my DUI/Traffic Issue


Wow, this is so bad luck, i really cannot afford to get another $Fine, i have to payback DES for nonfraud overpayment issue which is something irrelevant to my DUI issue but i'm sur eyou understand money sucks and I need to go back to school you know.

I turned 23 in August. And i have nothing on my driving record its purely wiped clean and has been this way.

Should i wait till i goto my first court session on this next wed. or should i get an attorney like ASAP??? And how much will my attorney charge do you think for something liek this??? I need this urgent help so i don't get extreme consequences for my violations. First time this has happened to me.
Please send me some more details and insights into what i can try to do with an attorney and what the attorney might be able to do for me, and what he/she might 'defenitly' be able to do for me.
Sincere regards, thank you for any help,

Paul
  #5  
Old 09-12-2004, 08:48 AM
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Join Date: Jun 2001
Posts: 75
Geez, do you have to ask? Yes, you need a lawyer. You not only have a speeding ticket but a DUI. What do you think ==that it's going to be a slap on the wrist and honey go to college and be good. Get a lawyer.
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