What is the name of your state (only U.S. law)? NY
I was out late and on my way home I dozed off and ran off the road, damaging my car but did not damage any other property. I decided to drive it home. On the way, it was riding rough. I expected that but got out and checked it again. I noticed my tire was flat or had gone flat. I was close to home so I decided to try and make it.
A couple blocks from home and a cop pulled up behind me and passed by me since I slowed down and temporarily pulled over. I didn't pull over because he flashed his lights, I pulled over because I was going slow. I then proceeded to drive home and got into my driveway and got out to check the car again. I realized then that it was a mistake to drive as the damage only worsened. I was about to unlock my house door, when the cop pulled up in the street, and asked me to come over to his car.
That is when he started questioning me. He said he noticed me up the road and saw parts of my tire on the road. He asked me where I was, how I got home, and if I was in an accident. I told him the truth about hitting the curb. I wasn't exactly sure of the road names I took since I was out at an unfamiliar part of town. I basically know the way through the neighborhoods on the route I took, but I cannot exactly remember all the street names sober or not. I told him the best that I knew and was honest.
He made me take 4 field sobriety tests and said I passed two of them. He never gave me a field breathalyzer test before they took me to the station. At the station, I refused to take the stationary breathalyzer. I signed a form that I believe only told me of my miranda rights, etc. but I don't quite remember all of it. I was unsure if I wanted to take the breathalyzer or not, since I believed that I may pass it, or maybe barely above the legal limit. So, I refused. I told them a couple times that I was unsure until they gave me one final chance to take it. After I refused, I stated that I may want to consult an attorney for this decision. One of the officers looked at me and did nothing while the arresting officer never acknowledged me or that I said anything.
I realize that I will most likely have my license revoked in NYS but that is not my main concern at this time. I am more concerned about the criminal charges since this is my 2nd DWI arrest in 8 years.
What are my chances with this case?
Was the breathalyzer refusal the right thing to do? They have no measure of my BAC so I am guessing this won't hurt my case.
Does anyone know if they will plea a case like this in NY? I realize that NY has a no plea bargain law in DUI cases, but I am still hopeful.
Will me saying that I may want to consult an attorney right after I refused the breathalyzer help my case or does it not matter since I refused it already. I said that less than 30 seconds after I refused.
Can they actually arrest me after I am already home and out of my car? I realize that the cop did see me on the road and I believe that I did say I was driving.
I was out late and on my way home I dozed off and ran off the road, damaging my car but did not damage any other property. I decided to drive it home. On the way, it was riding rough. I expected that but got out and checked it again. I noticed my tire was flat or had gone flat. I was close to home so I decided to try and make it.
A couple blocks from home and a cop pulled up behind me and passed by me since I slowed down and temporarily pulled over. I didn't pull over because he flashed his lights, I pulled over because I was going slow. I then proceeded to drive home and got into my driveway and got out to check the car again. I realized then that it was a mistake to drive as the damage only worsened. I was about to unlock my house door, when the cop pulled up in the street, and asked me to come over to his car.
That is when he started questioning me. He said he noticed me up the road and saw parts of my tire on the road. He asked me where I was, how I got home, and if I was in an accident. I told him the truth about hitting the curb. I wasn't exactly sure of the road names I took since I was out at an unfamiliar part of town. I basically know the way through the neighborhoods on the route I took, but I cannot exactly remember all the street names sober or not. I told him the best that I knew and was honest.
He made me take 4 field sobriety tests and said I passed two of them. He never gave me a field breathalyzer test before they took me to the station. At the station, I refused to take the stationary breathalyzer. I signed a form that I believe only told me of my miranda rights, etc. but I don't quite remember all of it. I was unsure if I wanted to take the breathalyzer or not, since I believed that I may pass it, or maybe barely above the legal limit. So, I refused. I told them a couple times that I was unsure until they gave me one final chance to take it. After I refused, I stated that I may want to consult an attorney for this decision. One of the officers looked at me and did nothing while the arresting officer never acknowledged me or that I said anything.
I realize that I will most likely have my license revoked in NYS but that is not my main concern at this time. I am more concerned about the criminal charges since this is my 2nd DWI arrest in 8 years.
What are my chances with this case?
Was the breathalyzer refusal the right thing to do? They have no measure of my BAC so I am guessing this won't hurt my case.
Does anyone know if they will plea a case like this in NY? I realize that NY has a no plea bargain law in DUI cases, but I am still hopeful.
Will me saying that I may want to consult an attorney right after I refused the breathalyzer help my case or does it not matter since I refused it already. I said that less than 30 seconds after I refused.
Can they actually arrest me after I am already home and out of my car? I realize that the cop did see me on the road and I believe that I did say I was driving.
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