Hi
I was arrested recently in NC state, for DWI. I was stopped because i was going at 104 mph in a 55 mile zone.
The officer pulled me over and asked me if i had been drinking, and i said i had 2 beers an hour ago. Then he gave me a mini breath test on the road which i blew a 0.9. He asked me to count from 1 to 15 and backwards which i did perfectly, and he told me to recite A to Z, which i did perfectly. Still the officer proceeded to arrest me based on the 0.9 blown on the mini. Everything is on video tape which i reviewed with my lawyer.
Now, my lawyer is suggesting that we file for No Probable cause to arrest - on grounds that officer should have done more of the standard tests (like walking in a staight line) before arresting me just on the basis of the fact that i blew a 0.9 on the mini test, and based on me saying i had 2 beers an hour ago. My lawyer is charging me 2000$ for to file this motion.
I am confused. This is a lot of money. Can someone please advice, whehter i have a chance. My lawyer says it is 50-50. Please help.
I was arrested recently in NC state, for DWI. I was stopped because i was going at 104 mph in a 55 mile zone.
The officer pulled me over and asked me if i had been drinking, and i said i had 2 beers an hour ago. Then he gave me a mini breath test on the road which i blew a 0.9. He asked me to count from 1 to 15 and backwards which i did perfectly, and he told me to recite A to Z, which i did perfectly. Still the officer proceeded to arrest me based on the 0.9 blown on the mini. Everything is on video tape which i reviewed with my lawyer.
Now, my lawyer is suggesting that we file for No Probable cause to arrest - on grounds that officer should have done more of the standard tests (like walking in a staight line) before arresting me just on the basis of the fact that i blew a 0.9 on the mini test, and based on me saying i had 2 beers an hour ago. My lawyer is charging me 2000$ for to file this motion.
I am confused. This is a lot of money. Can someone please advice, whehter i have a chance. My lawyer says it is 50-50. Please help.