appeal from prosecutor?

[twinkle33]

?

I am going through a similar situation..I was pulled over after they said I ran a stop sign..which I did not do..After doing 1 fst and 2 breath tests, I was arrested for blowing over the legal limit...My question is..how did they determine you really didn't run the stop sign?

 

[seniorjudge]

Thanks for your help anyway, SeniorJudge.

You are welcome.


twinkle, please keep all your questions in your own thread:

https://forum.freeadvice.com/showthread.php?t=230670

 

[Alchohol_Free]

Lucky Girl

FANTASTIC POST. This is THE best REALITY DUI experience post I've seen on this forum. I'm sorry you have to face a "civil" refusal hearing, but you're experience shows the truth about how DUI law is rigged behind the scenes. You see how they make it both civil and criminal at the same time? DUI is different from any other crime (A DUI specialist attorney admitted that to me). For example, in a different criminal scenario, the absense of probably cause causes the whole thing to go away. Not with DUI. The law is rigged to guarantee you get sanctioned whether you charges are dismissed or you get acquitted of the crime.

Sounds like you have a great attorney. You are extremely lucky because most DUI attorneys will not challenge a DUI case because it's extremely politically incorrect. They'll only negotiate your sentencing.

Good Luck in your civil case. Definintely post the outcome.

 

[seniorjudge]

FANTASTIC POST. This is THE best REALITY DUI experience post I've seen on this forum. I'm sorry you have to face a "civil" refusal hearing, but you're experience shows the truth about how DUI law is rigged behind the scenes. You see how they make it both civil and criminal at the same time? DUI is different from any other crime (A DUI specialist attorney admitted that to me). For example, in a different criminal scenario, the absense of probably cause causes the whole thing to go away. Not with DUI. The law is rigged to guarantee you get sanctioned whether you charges are dismissed or you get acquitted of the crime.

Sounds like you have a great attorney. You are extremely lucky because most DUI attorneys will not challenge a DUI case because it's extremely politically incorrect. They'll only negotiate your sentencing.

Good Luck in your civil case. Definintely post the outcome.

Again, you have mixed up civil and criminal.

DUI law is exceptionally similar to a real estate agent having his license jerked by the real estate commission and also being charged criminally with fraud for embezzling his money.

Your great conspiracy theories do not hold water.

 

[CircleGirl]

Wow LuckyGirl

My thoughts are with you. I'm in TN. I got pulled over very late at night for speeding and then cited for DUI. I was not speeding and the trooper had no evidence to show I was speeding so the case was dismissed. Expungement papers filed and everything. I thought it was all over.

Now, 14 months later, I'm facing it all over again. The trooper refiled my case with the grand jury in 1/04 and I just found out about it.

I'll be thinking of you and I know EXACTLY how you feel!

Good Luck!

 

[absconder]

Stop sign

Im not a lawyer but either a person doesnt stop for a stop sign or they do.What did the cop lie?Girl im on your side but its just hard to imagine a cop lying and still keep his job.If hes not sure he shouldnt pull you over then..........

 

[luckygirl]

Court Tommorrow

Well folks, tomorrow is the big day. I'm sweating already.

The cop actually retired shortly after he arrested me. He has been caught lying on several occasions in court and there is actually an investigation going on right now on him for charging "excessive DUIs", especially to white women (he's a known racist). He saw me in my sporty little car out late at night and just made up a reason to pull me over. I think he gets some kind of sick thrill out of it all. When he took me to jail and I was in a waiting cell he told me to "rough myself up" because I didn't want to look like a "soft white girl" in jail with a bunch of "hardened criminals". He tried to intimidate and scare me the whole time I was there. He handcuffed both my hands to the wall unnecessarily, etc. That's why I didn't take the breathalyzer: I felt like I was being harassed by him and I didn't trust him. I had never heard of the implied consent law before and I thought he was just making it up. Afterall, he made up a reason to pull me over, so why wouldn't he make that up, too? I have had my license for 9 years and have never heard of implied consent. Unfortunate for me, I guess.

Anyway, he has been out of town and came back just to go to court for me tomorrow. There is even a special prosecuting attorney (the same really tough one from before) coming from out of town to go to court tomorrow and make sure I lose my license. I don't understand why, but these people seem to have something personally against me. I don't even know them!

I have a clean criminal record, a clean driving record, I work for a very well-known and respected newspaper in VA, and I was planning to start going back to school to get my Master's Degree in the fall, but I won't be able to if I don't have a license to even drive myself to class.

My lawyer thinks I am going to lose tomorrow, and so do I. I have an appeal left, but I wonder if it'll even be worth the trouble, not to mention paying my lawyer again. Everyone out that there who has responded to my post and has been through or is going through a similiar situation with the law, GOOD LUCK. The system just isn't fair and some of the people that are supposed to be helping you (cops) like to see you suffer.

Thank you to everyone who has responded to my post. I will let you know what happens tomorrow.

 

[luckygirl]

Not too bad...

Well, it's finally over!

The best thing about having a lawyer: PLEA BARGAINS. I wasn't found guilty of the refusal, but instead plead guilty to reckless driving. My license is suspended for only 6 months, and as long as I go to ASAP classes I can have a restricted license. I was actually allowed to drive to work after court which I didn't expect to be able to do, and it felt great! It's annoying that I have to go to ASAP, though, because very rarely do I ever drink. But it was part of my plea bargain, so that's fine with me. Hey, 6 months restricted license is certainly better than 1 year completely suspended license! If I hadn't taken the plea bargain I most definitely would have lost my license entirely for the full year.

Since I plead guilty, I have to pay court costs which come out to $276 and my ASAP classes are going to cost me $275. I paid my lawyer a total of $1300, so in all this whole ordeal has cost me $1851 and whole a lot of grief.

Lesson learned: ALWAYS TAKE THE BREATHALYZER!!!!!!!

 

[ENASNI]

um

LESSON LEARNED: Don'T Drink And Drive!

 

[seniorjudge]

Well, it's finally over!

The best thing about having a lawyer: PLEA BARGAINS. I wasn't found guilty of the refusal, but instead plead guilty to reckless driving. My license is suspended for only 6 months, and as long as I go to ASAP classes I can have a restricted license. I was actually allowed to drive to work after court which I didn't expect to be able to do, and it felt great! It's annoying that I have to go to ASAP, though, because very rarely do I ever drink. But it was part of my plea bargain, so that's fine with me. Hey, 6 months restricted license is certainly better than 1 year completely suspended license! If I hadn't taken the plea bargain I most definitely would have lost my license entirely for the full year.

Since I plead guilty, I have to pay court costs which come out to $276 and my ASAP classes are going to cost me $275. I paid my lawyer a total of $1300, so in all this whole ordeal has cost me $1851 and whole a lot of grief.

Lesson learned: ALWAYS TAKE THE BREATHALYZER!!!!!!!

Yes, I agree with you: that is mighty expensive dope you are using.

BTW, you are required to do the program because of WHAT happens when you use drugs and NOT how often you use.

Stay clean and sober OR stay off the highways.