Not Guilty of DUI / Refused Breath / MVA hearing next

[rafarafa]

What is the name of your state (only U.S. law)? Maryland

Story.
I had 2 beers at my friend's house. Stayed for about 1 hour. Drove home.
Got Car Stuck in mud where there was construction about 1500 feet from my house. I was too lazy to go around the neighborhood to the other entrance.
Called my Nephew to help.
Walked home.
Drank about 4 beers while waiting for him (Spend about 30 minutes home)
Came back to scene to meet him.
Started planning on how to get car out. I went to find something in the car when a cop pulls up. Cop starts talking to Nephew. I got out of car and approach cop to tell him it was me that got stuck. I was obviously drunk.
Cop arrests me after tests. I refused Breathalyzer.
Keys were never in the ignition.
Went to court with lawyer. We won.

Now what? Lawyer thinks I should just go get the interlock.... Help???

 

[Zigner]

What is the name of your state (only U.S. law)? Maryland

Story.
I had 2 beers at my friend's house. Stayed for about 1 hour. Drove home.
Got Car Stuck in mud where there was construction about 1500 feet from my house. I was too lazy to go around the neighborhood to the other entrance.
Called my Nephew to help.
Walked home.
Drank about 4 beers while waiting for him (Spend about 30 minutes home)
Came back to scene to meet him.
Started planning on how to get car out. I went to find something in the car when a cop pulls up. Cop starts talking to Nephew. I got out of car and approach cop to tell him it was me that got stuck. I was obviously drunk.
Cop arrests me after tests. I refused Breathalyzer.
Keys were never in the ignition.
Went to court with lawyer. We won.

Now what? Lawyer thinks I should just go get the interlock.... Help???

If you won, why would you need an interlock?

 

[FlyingRon]

If you won, why would you need an interlock?

Refusal is a mandatory license suspension. If you want to get a restricted license during the suspension, you have to participate in the interlock program.

 

[rafarafa]

Refusal is a mandatory license suspension. If you want to get a restricted license during the suspension, you have to participate in the interlock program.

So you are saying that there's no point in explaining to an judge that I was not drunk when I drove the car and only drunk afterwards?

Thanks for your reply...

 

[FlyingRon]

So you are saying that there's no point in explaining to an judge that I was not drunk when I drove the car and only drunk afterwards?

Thanks for your reply...

I didn't say anything of the sort, I was explaining to Ziggy why the interlock was even part of the discussion.

Your lawyer can advise you, as you've not provided enough detail here. The REFUSAL itself is illegal and will result in your suspension. If your lawyer can show that the stop was unlawful (if you weren't actually driving at the time while the officer approached you, it's a consensual stop and hence that doesn't apply) or that there was no reasonable suspicion that you were driving while intoxicated (the standard for this is very low however), then you might beat the suspension. However, nothing you have shown at it's face shows that you've got anything that will allow you to beat the refusal suspension. Just because you were not convicted (or even charged) on the DUI doesn't mean ANYTHING to the refusal action.

 

[Eekamouse]

So you are saying that there's no point in explaining to an judge that I was not drunk when I drove the car and only drunk afterwards?

Thanks for your reply...

And what judge is going to believe that **** and bull story?

 

[davew128]

And what judge is going to believe that **** and bull story?

What if the evidence presented at the DUI trial included an officer statement that the vehicle's engine compartment was cooled down, consistent with a vehicle that had not been running for a while?

 

[Zigner]

What if the evidence presented at the DUI trial included an officer statement that the vehicle's engine compartment was cooled down, consistent with a vehicle that had not been running for a while?

How would the temperature of the engine affect a person's refusal to test?

 

[rafarafa]

I didn't say anything of the sort, I was explaining to Ziggy why the interlock was even part of the discussion.

Your lawyer can advise you, as you've not provided enough detail here. The REFUSAL itself is illegal and will result in your suspension. If your lawyer can show that the stop was unlawful (if you weren't actually driving at the time while the officer approached you, it's a consensual stop and hence that doesn't apply) or that there was no reasonable suspicion that you were driving while intoxicated (the standard for this is very low however), then you might beat the suspension. However, nothing you have shown at it's face shows that you've got anything that will allow you to beat the refusal suspension. Just because you were not convicted (or even charged) on the DUI doesn't mean ANYTHING to the refusal action.

Thanks again for the help...

When I approach the officer, I was definitely drunk. I admit to driving he car there in the mud. I was stupid and didn't even think an DUI was valid so I never even told him how long the car has been there. Then again, he never asked when I drove it into the mud...

Because of the above, there was reasonable suspicion that I was driving. Does everyone agree? if so, then I have no case. I have to take the 120 day suspension or join the interlock program.

Correct?

 

[HighwayMan]

Because of the above, there was reasonable suspicion that I was driving. Does everyone agree? if so, then I have no case. I have to take the 120 day suspension or join the interlock program.

Correct?

Seems like it to me. Your attorney would be a better person to advise you since he is more intimately familiar with your case. Are you planning on being represented at your hearing?

 

[rafarafa]

Seems like it to me. Your attorney would be a better person to advise you since he is more intimately familiar with your case. Are you planning on being represented at your hearing?

I already have an Lawyer who helped me win the case in District Court. Now, she is saying that I won't win at MVA and suggest that I just take the Interlock.

Thanks.

 

[davew128]

How would the temperature of the engine affect a person's refusal to test?

It goes as to whether the person was operating the vehicle. If a person isn't operating a motor vehicle, they can't be compelled to take a breathalyzer. Common sense dictates that if a person isn't inside a vehicle and the engine isn't warm, then the person didn't recently operate it. If they didn't operate it, then refusing a breathalyzer isn't or shouldn't be penalized by the DMV.

 

[FlyingRon]

It goes as to whether the person was operating the vehicle. If a person isn't operating a motor vehicle, they can't be compelled to take a breathalyzer. Common sense dictates that if a person isn't inside a vehicle and the engine isn't warm, then the person didn't recently operate it. If they didn't operate it, then refusing a breathalyzer isn't or shouldn't be penalized by the DMV.

That's NOT correct. All it takes is a reasonable suspicion that the person was operating under the influence. The attorney can challenge that statement of suspicion.

 

[justalayman]

So you are saying that there's no point in explaining to an judge that I was not drunk when I drove the car and only drunk afterwards?

Thanks for your reply...

ron didn't say that but I believe that is the case because the MVA license suspension is an administrative suspension and I don't think a judge has anything to do with it.

and your license is not suspended because you were drunk, or not drunk, or ever had anything to drink in your life. Your license was suspended because you refused a breathalyzer.


so, did you have the key to the car on you? If so, you won't win. You had constructive control of the vehicle. Feel lucky; there are several states that would have gotten you convicted of DUI. Oh that's right, you weren't convicted because you refused the test. So, you can look at it this way"


you could have taken the breath test and likely been convicted of DUI or, which is what you did; refuse the breath test, beat the DUI but are now subject to a suspension of your license for refusing the test.

 

[rafarafa]

ron didn't say that but I believe that is the case because the MVA license suspension is an administrative suspension and I don't think a judge has anything to do with it.

and your license is not suspended because you were drunk, or not drunk, or ever had anything to drink in your life. Your license was suspended because you refused a breathalyzer.


so, did you have the key to the car on you? If so, you won't win. You had constructive control of the vehicle. Feel lucky; there are several states that would have gotten you convicted of DUI. Oh that's right, you weren't convicted because you refused the test. So, you can look at it this way"


you could have taken the breath test and likely been convicted of DUI or, which is what you did; refuse the breath test, beat the DUI but are now subject to a suspension of your license for refusing the test.

My keys were in the car and on the floor. They weren't on me.