dwi concerns

[jef1201]

What is the name of your state? minnesota

i was recently pulled over and will likely be charged with a dwi. i have a couple concerns. i pulled out of a bar parking lot and noticed an officer was parked across the street in another lot. i followed all traffic laws (signals, complete stop, no swerving or speeding, seatbelt) and the officer followed me closely for a block and a half before he pulled me over. his reason was for having snow on the back of my car, and asked for my license and insurance. i thought he meant my back license plate was obscured so i got out of my vehicle to swipe it off only to notice it was visible. the officer returned with my license and insurance card and said 'i was referring to your rear window but i now see it's clearing with your rear defrost'. well, it was snowing and loose snow on my roof was blowing off onto the window that i'd just wiped off before starting my car and defrost. he gave me a breath test and i failed (.14) and a field test (pen/eye coordination). i had a marijuana pipe and some 'dust' in a baggy in my pocket, too, that a buddy borrowed to me after taking a hit a half hour earlier before i left the bar. he brought me to the clinic for a blood-test and later dropped me off at my folks in town and said i'd be cited in the mail. no miranda rights were read nor was i booked, but implied consent. (?)
once i was able to pick up my vehicle at the impound the following day my plates had been taken and it was indicated this was a second offense in 10 years. well, it's been 10 year and 8 months since my last dwi so my question is why the second offense? i've had a clean record since.
and my other question is did the officer have probable cause to pull me over with light snow that had blown off my roof onto the back of my window? i saw the lights in my rearview mirror therefore i pulled aside.
i've talked to a couple attorneys and a friend who's an officer and they told me it's pretty lousy and seems almost like he was waiting to nab someone.
yes, a lack of judgement on my part and i'm accountable for doing wrong. what are my chances of this being dropped or at least reduced? please help.

[IAAL IS HERE!]

Originally Posted by jef1201

What is the name of your state? minnesota

i was recently pulled over and will likely be charged with a dwi. i have a couple concerns. i pulled out of a bar parking lot and noticed an officer was parked across the street in another lot. i followed all traffic laws (signals, complete stop, no swerving or speeding, seatbelt) and the officer followed me closely for a block and a half before he pulled me over. his reason was for having snow on the back of my car, and asked for my license and insurance. i thought he meant my back license plate was obscured so i got out of my vehicle to swipe it off only to notice it was visible. the officer returned with my license and insurance card and said 'i was referring to your rear window but i now see it's clearing with your rear defrost'. well, it was snowing and loose snow on my roof was blowing off onto the window that i'd just wiped off before starting my car and defrost. he gave me a breath test and i failed (.14) and a field test (pen/eye coordination). i had a marijuana pipe and some 'dust' in a baggy in my pocket, too, that a buddy borrowed to me after taking a hit a half hour earlier before i left the bar. he brought me to the clinic for a blood-test and later dropped me off at my folks in town and said i'd be cited in the mail. no miranda rights were read nor was i booked, but implied consent. (?)
once i was able to pick up my vehicle at the impound the following day my plates had been taken and it was indicated this was a second offense in 10 years. well, it's been 10 year and 8 months since my last dwi so my question is why the second offense? i've had a clean record since.
and my other question is did the officer have probable cause to pull me over with light snow that had blown off my roof onto the back of my window? i saw the lights in my rearview mirror therefore i pulled aside.
i've talked to a couple attorneys and a friend who's an officer and they told me it's pretty lousy and seems almost like he was waiting to nab someone.
yes, a lack of judgement on my part and i'm accountable for doing wrong. what are my chances of this being dropped or at least reduced? please help.

This is truly an unfortunate set of circumstances. However, I have some good news for you . . . I save a couple hundred dollars by switching to Geico!

[RedemptionMan]

Originally Posted by IAAL IS HERE!

This is truly an unfortunate set of circumstances. However, I have some good news for you . . . I save a couple hundred dollars by switching to Geico!

why would you waste a post in even saying that-- and I am being to wonder why people who have run in with the police post for advice here////

but to answer your question -- a police officer can pull you over if they have reasonable suspicion to believe that you are breaking the law.
2. how could they charge you with a second offense? well that is their job to charge you with the most they can so hopefully if you break the law again they have more on you... you need a great dwi criminal defense attorney -- he/she should get the second charge taken care of but you are still going to have to answer for the offenses that you committed.....

[gawm]

I don't think they are allowed to camp outside of bars and wait for people. Consult with an attorney.

[RedemptionMan]

Originally Posted by gawm

I don't think they are allowed to camp outside of bars and wait for people. Consult with an attorney.

WRONG!!!! many substations where I live are across from the bars and riverfront market area where drinkers and party goers are on a daily basis....

[gawm]

Originally Posted by RedemptionMan

WRONG!!!! many substations where I live are across from the bars and riverfront market area where drinkers and party goers are on a daily basis....

But you can't pull them over for leaving a bar. They would have to commit a traffic violation. Leaving a bar is not probable cause. I should of stated it better.

[RedemptionMan]

True .. .but the officer is going to say that he had reasonable concern for the safety of the driver for seeing the sno covering the back window and that takes care of that. It is a he said she said thing and when it comes down to it who are they going to believe......

[gawm]

I concur!!!

[CdwJava]

Originally Posted by gawm

I don't think they are allowed to camp outside of bars and wait for people. Consult with an attorney.

Sure we can. We still need reasonable suspicion to make the stop, but there is no law anywhere that says we have to be sporting and avoid the places where many drunk drivers come from!

It's like saying we can't walk through a bar looking for drunks ... we can, and we do!

The snow thing is reaching, in my opinion. Unless the state has a law requiring the rear window to be unobstructed, I can't see how that really matters.

- Carl

[BigMistakeFl]

I'm only guessing of course, but I could almost bet that a cop could find probable cause to make a traffic stop, in almost any circumstance. Touched the center line; took corner too wide; turned corner too far inside; etc. Cops can and do "camp" outside bars and nab drunk drivers. It happens all the time. Leaving the bar itself is not probable cause that can hold up in court perhaps, but it is likely probable cause for the cop to assume that the driver has quite possible been drinking. Not everybody in a bar is consuming alcohol, but I'd wager that most are.