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#1
11-29-2006, 05:48 PM
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Test SuppressedWhat is the name of your state? Georgia My breathalyzer test will not be allowed into evidence because the officer failed to fulfill his obligation for my own independent test. What are the chances of having the charges dropped, being found guilty of being less safe, or pleading to wreckless driving? There is not a video. The state also does not know that i was pulled over by a state trooper half an hour earlier and passed all the same FSTs. The state trooper gave me a written warning for improper turn and told me to have a good night. The guy from the county that arrested me said i failed bad? Last edited by ndbrow2456; 11-29-2006 at 05:53 PM. |
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#2
11-29-2006, 06:31 PM
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| Q: What are the chances of having the charges dropped, being found guilty of being less safe, or pleading to wreckless driving? A: 50-50, more or less.
__________________ There are two rules for success: (1) Never tell everything you know. |
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#3
11-29-2006, 06:41 PM
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| let me ask this...how hard is it to convict a person of being less safe? my lawyer is out of town until next week. i was just trying to see the outcome might be. personally i think the test not being allowed is a huge first step. the reason for my independent test not being fulfilled was because the officer told the hospital to give me a certain test, that certain test is only used to detect alcohol before giving meds to an er patient and does not give a BAC. thanks for the reply! any other info would be helpful... |
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#4
11-29-2006, 07:37 PM
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| You have an enlightend court, that's for sure. I don't think the reason is because you couldn't get an independant analysis. The reason (at least if you were in Ohio) is because the hospital may not have state certification to provide results for law enforcement.
__________________ When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it. --W. T. Pooh (aka A. A. Milne) |
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#5
11-30-2006, 06:28 PM
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| sorry, that's not the case. the two nurses testified that they could have given me an "official DOT" test that is used for CDL tests and the officer told them to give me the cheaper of the two b/c i didn't have enough money/insurance wouldn't pay. the thing was i had a credit card on my person with about 1k available. my attorney's office called today and i found out that i can plead nolo to wreckless driving. what will the fine be and will points be added? my court day is 12/11/06. still waiting for him (my attorney) to get back next week. would it be a good idea to go to trial to try and get all the charges dropped or plead to the lesser charge of wreckless driving? |
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