turdferguson
Junior Member
What is the name of your state (only U.S. law)? ms
I posted here last month asking for advice on how to handle my situation, the thread eventually became a flame war, I thought I should take a stab at another thread with updated information. The following is what I had written after the arrest and from my own memory:
12/04/2008 - 11:15 pm. I was initially pulled over when the officer was driving toward me and noticed that my passenger-side headlight was malfunctioning. She had then asked me if I had been drinking. At this moment, i was pretty nervous so I denied any consumption of alcohol. She then asked me to take a pbt. I refused to take the breathalyzer, why i did this is not important but from everything i had read, it was the right decision. After refusing, she told me to take a FST. I know I could have refused this but I believed that I would have been able to pass. After stepping out of my vehicle and briefly talking to the police officer, I admitted consumption of 3-4 beers between the hours of 5:30 and 9:30 pm. For the record, I am 5'7" weighing 155 pounds. I had eaten at around 3:00 pm that day. The type of beer was newcastle.
After completing 4 different types of field sobriety tests (walk and turn, balance on one leg, horizontal eye, and a dexterity/counting exercise) the officer arrested me. My major qualm with how these tests were administered is that the officer who was administering these tests stumbled through the directions and made it very unclear on what I was suppose to do. At several different points, her partner had to correct her and explain them to me, still they weren't very clear. There were two points where I made mistakes not due to intoxication but due to my misinterpretation of their directions. On the walk and turn, I was not aware that i was suppose to pivot on one foot. I lifted it off the ground several times. My other mistake was when I could not properly place my foot during the balance test. The other officer was trying to show me that i was suppose to keep the lifted foot flat, but I pointed it up toward the air. It was very dark out that night so I couldn't see how he was holding his foot to match with.
Based on what the officers observed they believed that I had failed the fst's and arrested me. They took me to the station for questioning and took my information. Whomever asked in my last thread, no they did not take my finger prints nor my picture. I never actually went to jail. After staying at the station for about an hour and a half, instead of paying my bail the officers let me go on my own recognizance when my ride arrived. During my period at the station, the officer would ask me again to take a breathalyzer to which I again refused.
according to my tickets, my charges are Equipment Failure and DUI FIRST OFFENSE REFUSAL
Now as I look at it, my major mistakes were: driving under the influence (of course), admitting to consumption of alcohol, allowing them to administer a field sobriety test, refusing breathalyzer at station.
I think I have covered every aspect of what occurred, if more information is needed please let me know.
Now just some updated information: I have a lawyer and have sent my petition for my license suspension. My court date was set for 1/09/2009 but my lawyer said he had it moved to 2/04/2009. Now, in the city i live in, they have a website where you can go to pay your tickets. Well, about 5 minutes ago, I went there just to see what information they had on my tickets. It states:
Date of Birth: 4/23/1986
Charge: DUI 1ST OFFENSE REFUSAL 63-11-30(2)(a)
Code: DI3
Violation Date: 12/4/2008
Court Date: 1/9/2009
Fine Amount: $880.00
Late Fee:$0.00
Should I be worried that my court date still says 1/9/2009? my lawyer told me that he had it moved so I dont know if they actually update this information but I DO NOT WANT A WARRANT OUT FOR MY ARREST. What should I do? I plan on calling the courthouse tomorrow but is there anything else?
sorry for such a long post, but I wanted to provide as much information as I could. Please, no personal attacks like "You must be too blasted to remember". I'm just looking for advice.
I posted here last month asking for advice on how to handle my situation, the thread eventually became a flame war, I thought I should take a stab at another thread with updated information. The following is what I had written after the arrest and from my own memory:
12/04/2008 - 11:15 pm. I was initially pulled over when the officer was driving toward me and noticed that my passenger-side headlight was malfunctioning. She had then asked me if I had been drinking. At this moment, i was pretty nervous so I denied any consumption of alcohol. She then asked me to take a pbt. I refused to take the breathalyzer, why i did this is not important but from everything i had read, it was the right decision. After refusing, she told me to take a FST. I know I could have refused this but I believed that I would have been able to pass. After stepping out of my vehicle and briefly talking to the police officer, I admitted consumption of 3-4 beers between the hours of 5:30 and 9:30 pm. For the record, I am 5'7" weighing 155 pounds. I had eaten at around 3:00 pm that day. The type of beer was newcastle.
After completing 4 different types of field sobriety tests (walk and turn, balance on one leg, horizontal eye, and a dexterity/counting exercise) the officer arrested me. My major qualm with how these tests were administered is that the officer who was administering these tests stumbled through the directions and made it very unclear on what I was suppose to do. At several different points, her partner had to correct her and explain them to me, still they weren't very clear. There were two points where I made mistakes not due to intoxication but due to my misinterpretation of their directions. On the walk and turn, I was not aware that i was suppose to pivot on one foot. I lifted it off the ground several times. My other mistake was when I could not properly place my foot during the balance test. The other officer was trying to show me that i was suppose to keep the lifted foot flat, but I pointed it up toward the air. It was very dark out that night so I couldn't see how he was holding his foot to match with.
Based on what the officers observed they believed that I had failed the fst's and arrested me. They took me to the station for questioning and took my information. Whomever asked in my last thread, no they did not take my finger prints nor my picture. I never actually went to jail. After staying at the station for about an hour and a half, instead of paying my bail the officers let me go on my own recognizance when my ride arrived. During my period at the station, the officer would ask me again to take a breathalyzer to which I again refused.
according to my tickets, my charges are Equipment Failure and DUI FIRST OFFENSE REFUSAL
Now as I look at it, my major mistakes were: driving under the influence (of course), admitting to consumption of alcohol, allowing them to administer a field sobriety test, refusing breathalyzer at station.
I think I have covered every aspect of what occurred, if more information is needed please let me know.
Now just some updated information: I have a lawyer and have sent my petition for my license suspension. My court date was set for 1/09/2009 but my lawyer said he had it moved to 2/04/2009. Now, in the city i live in, they have a website where you can go to pay your tickets. Well, about 5 minutes ago, I went there just to see what information they had on my tickets. It states:
Date of Birth: 4/23/1986
Charge: DUI 1ST OFFENSE REFUSAL 63-11-30(2)(a)
Code: DI3
Violation Date: 12/4/2008
Court Date: 1/9/2009
Fine Amount: $880.00
Late Fee:$0.00
Should I be worried that my court date still says 1/9/2009? my lawyer told me that he had it moved so I dont know if they actually update this information but I DO NOT WANT A WARRANT OUT FOR MY ARREST. What should I do? I plan on calling the courthouse tomorrow but is there anything else?
sorry for such a long post, but I wanted to provide as much information as I could. Please, no personal attacks like "You must be too blasted to remember". I'm just looking for advice.
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