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First offence DUI 8/9/2014 court date 8/15/2014

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YeHan216

Junior Member
What is the name of your state (only U.S. law)? Ravenna Ohio

I was stopped on 8/9/2014 because the police officer had a speed meter that registered me at 61 miles in a 50 mile zone. Upon rolling my windows down the officer asked me where I was coming from and I told him from the studio, I usually play the violin to beats for fun. He asked me if I had any alcohol and I told him 1 and a half beers. He also asked me where I was going, I was going night fishing at a local lake “West Branch”. I was then asked to get out of the car and take some sobriety tests. The officer asked me if I smoked weed and I told him the truth, yes at the studio around an hour before, this was also the same time when I drank the beer. He asked me if I had anything on me and I told him in my left pocket is a gram of weed. I then proceeded to take the tests. The first test was walking a straight line with my arms out which I was able to do with no problem. After that he did the follow my fingers with your eyes test. I did this test but the officer had his finger 1 inch above my head and was roughly 6-7 inches away. He told me to keep my head straight so I did. When I followed his finger it felt really uncomfortable and unnatural to my eyes because when you stare upwards like that unnaturally the eye muscles really hurt and lock up, especially when he put his fingers far left and far right of my vision. I did the best I could and believed that I passed even though it strained my eyes incredibly. Then the officer proceeded to have me take the raise my left leg up and hold my arms out test and count one one hundred two one hundred three one hundred and so on. I believe this test was done improperly because during the test there was muscle strain on my leg due to how the officer wanted me to hold my left leg up. I did but he told me to lift it higher, so I lifted it until I couldn't lift it no more and I felt my muscles stretching. Even trying the test today by myself I found it EXTREMELY hard to keep balance with how stretched my leg was. Sometime during the test outside of my car he told me he pulled me over because I was 61 in a 50 mile zone. He didn’t say anything about swerving yet I got driving in marked lanes offence. I don’t believe I drove in marked lanes except when his lights came on and I had pull over.

The officer did find 1/3 of a water bottle filled with watered down liquor which I was going to consume once I got to the lake. He said he wasn't going to write that in nor the scale I had on me which was used to purchase the 1 gram of weed, I also use this scale for Ebay shipping calculations and buying silver coins with the correct weight.
So I ended up with these offences,

1. Speeding 61 in 50.
2. •4511.19A1a the person is under the influence of alcohol, a drug of abuse, or a combination of them.
3. •4511.19A1d OVI - .08 but less than .17 - Breath
I had read .129 on this test.
4. Driving in marked lanes.
5. Possessing 1 gram of marijuana.

This is my first time to have conflict with the law ever. Please send me some advice before my court date 8/15/2014, thank you any advice is appreciated. I am a poor person and can’t afford my own attorney. I only have $800 left after I paid $400 to get my car out of the impound lot.
 


FlyingRon

Senior Member
You need an attorney. At your first court appearance ask for a public defender. Since you are charged with crimes with jail time you are entitled to one if you truly can't afford one.

You do need to learn to "remain" silent during traffic stops rather than providing incriminating information.

Your drunken appraisal of the FST is going to mean squat. A lawyer may be able to take some of what you said and challenge some of what the officer intends to stay, but nothing you have stated is particularly exculpatry.

Gram scale are NOT used for shipping weights on ebay. Don't make me laugh. The court is not going to buy that either.

A 'gram' of pot howeer is probably pretty easily challeged (and below 100g, you're not talking much of a charge in Ohio anyhow).

So this all revolves back tot he fact that you WERE intoxicated on both drugs and alcohol by all of:

1. Your own admission.
2. Your failure on the FSTs
3. You excessive BAC on the chemical test.

You're "in a heap of trouble."
 

Ohiogal

Queen Bee
A gram of marijuana is a minor misdemeanor -- pay a fine. However you were picked up in Ravenna and those judges in muni court do NOT like drunks. Prepare not to be happy. You will most likely receive a weekend in jail as well as the mandatory license suspension.
 

YeHan216

Junior Member
Hey guys, I would like to also know if the officer that arrested me can put up more evidence in the second court appearance then what is written down? Like I said, he told me he didn't write down that I had 1/3 filled water bottle of 20% alcohol mix with water and he also told me he didn't record that I had a scale on me. I would like to plead not guilty and get a public defender to review my case. What I don't want is for the officer in court to say by the way we found these also that day. If it's usable as evidence then I would go ahead and do the guilty plead and take the 3 days and or Driver Intervention Program for 3 Days. Any advice appreciated thank you guys. There was also another officer that spectated everything the arresting officer did that day.
 
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FlyingRon

Senior Member
The charges against you can be upgraded prior to your arraignment.
In fact, they can be upgraded prior to trial commencing (it just triggers another arraignment).
But as it is the charges are pretty darned serious.

The officer is not limited to what he wrote down in your citation in his testimony. The fact that you were carrying an open container certainly can be brought up either if you are subsequently charged for that or as supporting evidence on the DUI charge. However based on the staggering amount of evidence against you including your own incriminating statements, you almost certain failure on the FSTs, and you being way over the per se limit on the chemical test, I doubt they need much more to convict you.
 

Ohiogal

Queen Bee
Hey guys, I would like to also know if the officer that arrested me can put up more evidence in the second court appearance then what is written down? Like I said, he told me he didn't write down that I had 1/3 filled water bottle of 20% alcohol mix with water and he also told me he didn't record that I had a scale on me. I would like to plead not guilty and get a public defender to review my case. What I don't want is for the officer in court to say by the way we found these also that day. If it's usable as evidence then I would go ahead and do the guilty plead and take the 3 days and or Driver Intervention Program for 3 Days. Any advice appreciated thank you guys. There was also another officer that spectated everything the arresting officer did that day.
Yes it can be usable as evidence. You need to let your attorney KNOW about those things. Plead not guilty and ask for appointed counsel.
 

YeHan216

Junior Member
As of now I'm certain that the one leg stand test was done improperly. The officer didn't have my leg 6 inches above the ground nor did he tell me to put my hands to my side. Following his instructions, I had my left leg approximately 1.5 feet above the ground and both of my arms extended in a T manor. Try it at home this would make anyone lose balance. Any advice on what I should do with this information?
 

Zigner

Senior Member, Non-Attorney
As of now I'm certain that the one leg stand test was done improperly. The officer didn't have my leg 6 inches above the ground nor did he tell me to put my hands to my side. Following his instructions, I had my left leg approximately 1.5 feet above the ground and both of my arms extended in a T manor. Try it at home this would make anyone lose balance. Any advice on what I should do with this information?
I think the fact that you couldn't follow the directions on how to perform this test tends to show impairment. A lot of these tests are done for reasons that are different than you may think.
 

YeHan216

Junior Member
I think the fact that you couldn't follow the directions on how to perform this test tends to show impairment. A lot of these tests are done for reasons that are different than you may think.
I followed the officers instructions precisely but the instructions weren't given correctly. I had my self in the right position 6 inches above the ground and had perfect balance. The officer instructed me to lift my feet more to 1 and a half feet which caused me to appear drunk. I had the 1 and a half beers approximately 1 hour before the arrest. I didn't in any way shape or form drink anything else during that time period. If I was that impaired I would not have been stupid enough to try night fishing.
 

Zigner

Senior Member, Non-Attorney
I followed the officers instructions precisely but the instructions weren't given correctly. I had my self in the right position 6 inches above the ground and had perfect balance. The officer instructed me to lift my feet more to 1 and a half feet which caused me to appear drunk. I had the 1 and a half beers approximately 1 hour before the arrest. I didn't in any way shape or form drink anything else during that time period. If I was that impaired I would not have been stupid enough to try night fishing.
You blew a .129

The MORE impaired you get, the less you know that you're impaired.
 

YeHan216

Junior Member
You blew a .129

The MORE impaired you get, the less you know that you're impaired.
Would you suggest I plead guilty, no contest or not guilty and try and get a public defender? The day is coming up. The test of .129 was done 1 hour after the arrest. Also have you any personal experience with this matter?
 

Zigner

Senior Member, Non-Attorney
Would you suggest I plead guilty, no contest or not guilty and try and get a public defender? The day is coming up. The test of .129 was done 1 hour after the arrest. Also have you any personal experience with this matter?
I would suggest you consult with an attorney. Whether your attorney is a public defender or a private attorney is up to you.
 

FlyingRon

Senior Member
At .129 an hour after the fact most likeley means you were DRUNKER during the arrest. As I pointed out in my initial response to you, your estimation of what is proper is both ignorant of what the tests are and your observations are clouded by your intoxicated state. A lawyer may be able to challenge them, nothing you say here indicates anything at its face improper.

And no we don't have personal experience because we're not so irresponsible to drive drunk. I've had the FSTs administered on me once when I was sober (I was weaving only because I was attempting to find the entrance to the private property I was looking for in the dark. The fact that I chose to do this at 2:30AM aroused suspicion on the police's part.

Never plead guilty without counsel as to what the implications are. A lawyer will look at the case in total as an informed but disconnected party. He can reconcile that with the officer's statements and perhaps challenge the cause for the stop, the probable cause for the arrest, the FSTs and perhaps even the chemical test.
 

YeHan216

Junior Member
Thanks for everyone's responses. I am going to get a Public Defender. If anyone knows how I should go about asking the court to appoint one to me please give me some advice. Friday morning will be the first time in court, I'm 26 years old.
 
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