Challenging a DUI and police conduct

[seven53]

but i am confident that had she have given it to me roadside it would not have been nearly as bad

AGAIN, there is a two hour window to give the Intoxilyzer AT THE STATION! a roadside PBT is JUST A TOOL to aid in determining if there is enough cause to arrest you and take you back to the station to submit a breath sample using the Intoxilyzer.

so the fact that i had gum has no bearing on this? I know that is alot to blow

Did you NOT read my answer to this already? If you had anything in your mouth while submitting a breath sample, the results are INADMISSABLE.

 

[stephierae]

yes i did- i just am not sure how to approach the prosecutor? or a public defender ? with that information. I know they will not believe me, but I know I am telling the truth and would never attempt to lie to somebody who is holding my freedom in thier hands. Please dont get angry. I just need to know what I should and should not mention since I am being put with the prosecutor on the 17th without counsel. I am throwing all these details out there to find out what actually shouod be mentioned and what sounds like a pathetic attempt at pointing fingers. I have been through this before and wrote a letter to the judge about the kindness and professionalism of the officers, and never even attempted to excuse anything I did. I sucked it up and sat in jail for 6 days quietly. This officer was a whole other experience.

 

[BigMistakeFl]

BigMistakeFl

"Hire a DUI lawyer and fight the charge", and "you should defend yourself" mean the same thing. The confusion is yours here. If the OP has the means, he / she should fight it and hope for the best.

The only factors that matter are probable cause for the stop, and the evidence against the OP which will be presented in court. I say "fight it", if you have a case. Laws are stacked against the driver, the loopholes patched. If defendable, hire a good DUI lawyer and roll the dice.

 

[FlyingRon]

They are allowed to follow you around and wait for you to make some traffic manouver (swerving, failure to stay in lane, whatever) that would indicate that you were possibly intoxicated. People tip off cops all the time about suspected drunk drivers. Some jurisdictions have hotlines for this purpose so you can report them on your cell phone.

 

[stephierae]

yeah I know, I have reported numerous vehicles that were no doubt drunk. the painful and distressing part is the fact that due to what I blew an hour and half LATER, and the fact I have a prior, has completely muddled my version of the stop. Does anybody believe that when an officer is expecting something, sometimes there perception is swayed? Maybe the fact that the officer did not make me remove my gum, knowing I would try to tell people that, knowing it would make me look like Im making excuses......does that not seem odd to anybody but me? Why would she want to jeopardize a conviction unless she knew my prior would make my version seem ridiculous, and that nobody would buy it? But im telling you what- the Ohio Officer-who frustrated with me, but still posted above- told me that my gum makes it inadmissable and I refuse to sit back and let my word be discredited because some badge heavy rookie did not like me from the get go......oh, did I mention i have met her before, and during my arrest she was antogonizing me by talking sh*t about my sister to my face? She KNEW what she doing. and pissing me off at a time like that was her way of justifying my "beligerence"

 

[julianna]

You say you don't like the responses given here, but you have to take a look at it for what it is... You have 2 DUI offenses now... and you are pleading innocense -- you are being framed... you were not intoxicated... come on... why can't you get real with yourself? If you were driving at 5am you were drinking before hand. You didn't blow a .157 from chewing gum!

There's a reason you got pulled over, and a reason you got charged with DWI... because you drank and then got behind the wheel of a car - a dangerous weapon that you could have easily killed someone or yourself in. And the prior conviction for it didn't stop you one bit from going right back out and drinking and driving again... I'm very sure it wasn't the "only time" you've ever had a few and drove since the 2006 conviction... just the first time you got caught since then.

Get real and stop playing the victim card... accept the responsibility for your own actions and stop blaming the officers for doing their job. I'm telling you right now... your admission of wrong doing will go a lot further in court then trying to convince a judge, DA or jury that you are the poor poor innocent victim of brutal evil policemen.... No court appreciates when the guilty blame everyone but themselves... In fact, trust me... it makes them twice and angry and twice as likely to see justice served with a big spoon!