macfreak84
Junior Member
What is the name of your state (only U.S. law)? New York
My girlfriend got out of work to find the car she had been driving gone. I had been sitting in the car with the keys when she entered work. She called the police to report the car that belonged to her mom missing. The police found the car 1/4 mile down the road in a parking lot/driveway completely off of the road. I was covered in vomit and sitting in the drivers seat. The keys were in my pocket. I told the police when questioned that I had had one or two beers at home and that I wasn't doing any tests. They arrested me for DWI and wrote me tickets for "improper use of 4-ways", refusal to take a breathalyzer test, and DWI. The owner of the vehicle declined to press charges for the stolen car. On the supporting deposition for the "improper use of 4-ways" ticket supplied by the officer he stated that "the vehicle was on the east shoulder of state route 12b facing north bound." - this is incorrect (it was pulled over in a parking lot). The supporting deposition also stated that I admitted to driving the car to its present location (which I do not remember doing). I was never notified of the consequences of refusing a breathalyzer test and I was never asked to sign a statement. The only other reasons the officer supplied for charging me with DWI were that according to him (by direct observation) my motor skills and speech were impaired and I smelled of alcohol and marijuana (none of which appeared on the supporting depositions for any of the charges). There is no physical evidence supporting any of these claims. The officers didn't even show up to the first refusal hearing and it has yet to be rescheduled. This case seems very weak to me, and I believe that the officer perjured himself by stating incorrectly that the car was on the shoulder of the road in his supporting deposition. Can anyone give me some insight? Thanks in advance.
My girlfriend got out of work to find the car she had been driving gone. I had been sitting in the car with the keys when she entered work. She called the police to report the car that belonged to her mom missing. The police found the car 1/4 mile down the road in a parking lot/driveway completely off of the road. I was covered in vomit and sitting in the drivers seat. The keys were in my pocket. I told the police when questioned that I had had one or two beers at home and that I wasn't doing any tests. They arrested me for DWI and wrote me tickets for "improper use of 4-ways", refusal to take a breathalyzer test, and DWI. The owner of the vehicle declined to press charges for the stolen car. On the supporting deposition for the "improper use of 4-ways" ticket supplied by the officer he stated that "the vehicle was on the east shoulder of state route 12b facing north bound." - this is incorrect (it was pulled over in a parking lot). The supporting deposition also stated that I admitted to driving the car to its present location (which I do not remember doing). I was never notified of the consequences of refusing a breathalyzer test and I was never asked to sign a statement. The only other reasons the officer supplied for charging me with DWI were that according to him (by direct observation) my motor skills and speech were impaired and I smelled of alcohol and marijuana (none of which appeared on the supporting depositions for any of the charges). There is no physical evidence supporting any of these claims. The officers didn't even show up to the first refusal hearing and it has yet to be rescheduled. This case seems very weak to me, and I believe that the officer perjured himself by stating incorrectly that the car was on the shoulder of the road in his supporting deposition. Can anyone give me some insight? Thanks in advance.
