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  #1  
Old 04-01-2005, 03:41 PM
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Join Date: Apr 2005
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DWI checkpoint in AR...(long)


What is the name of your state?What is the name of your state?What is the name of your state?Arkansas, but licensed in Ok.
I'm and Oklahoma licensed driver and I got a DWI on a checkpoint in Ark. I registered a .11, and the I was wondering what my option are of getting this reduced or even beat? I've already had my court date( I got the DWI on the 6th of March) and I pleaded "not guilty". Now this is my second DWI, my first was in 1994, and I blew the same BAC .11. I will give a brief account of the stop and see what you think..... But before I do that I have to say that this checkpoint is a entrance ramp to the Interstate and about a half-mile from a local nightclub..... When I got to the checkpoint the officer asked for my DL and Registration which I provided, he then asked where I was coming from and where I was headed, I told him. He then asked me how much I had to drink I told him two beers...he basically didn't believe me, asked me to take a B.A.T. I don't know what it read, he then tells me to pull to the side and "wait a few minutes" to see if it goes down. So I pullover to the side and waited maybe five minutes, meanwhile I watch at least six to ten cars drive thru without a stop. So the officer gives me the B.A.T. test again, but this time he tells me to get out of the car. I get out and ask another officer to "check me out". The other officer gives me the field test and advises me that I'm being videotaped. He gives me the pin test, tells me I'm not keeping my head still, then we move to the foot out in front...I counted to 25 before he tells me that is good. From there we do the heel-toe test, he tells me I "didn't turn the right way"!! Ok from there the first officer comes over and ask the guy was "I ready to go", the second officer says "yeah take him in". So the radio a third officer that was on the backside of the checkpoint to run me in.
Now after I was taking in I was giving the test on the "Main Machine" , sat in holding for four hours and given a court date. After I was released I called a few friends that went through the checkpoint and I got three different answers on how they where handled.....One way, they weren't stop at all, second they where stopped, but if it was two people in the car they asked the passanger to drive, without testing them, and last...they stopped them and the cop told them he knows they been drinking and let go without giving them a test**************So my question is this......Is it worth $2500 to hire an attorney? I've already paid $1000 retainer fee, or am I fighting a losing battle?
  #2  
Old 04-01-2005, 10:06 PM
absconder
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You admitted you blew a .11 and were at a bar plus you admitted to drinking 2 beers. Either you were drunk or not? Whats the problem?You are guilty by your own admission if i were on a jury.
  #3  
Old 04-02-2005, 06:50 AM
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Join Date: Apr 2005
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Absconder, thinks for thanking the time for your reply, but I never admitted to the test result I said that's what I registered. So basically your telling me that I'm guilty and the test can't be wrong? The reason I ask, because like I said in my post, I blew a .11 back in '94 when the limit was .10 and till this day I believe I was below the limit. But that is for a different thread. My questions I was asking was 1) Was the checkpoint done properly? I don't understand how the officers can let some people go through the checkpoint without checking them and 2) If they did, they let them "switch" drivers without checking the other person.
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