DUI/DWI Charge - Interesting Story

[vacat]

What is the name of your state? MD
I was bowling earlier in the year and had about 4-5 beers over the course of 4 hours. I was with two others. Upon leaving the bowling alley, 2 police cruisers were sitting outside. Having paced myself and not feeling the effects of the alcohol I drove off. Immediately leaving the bowling alley the 2 cruisers started to follow me. After going a few blocks I was at a stop sign, turned left and immediately was pulled over. The officer stated that I was pulled over for pulling too far past the white line before coming to a complete stop. (How can he even know that if he's behind me....ugh). After smelling alcohol he administered the field tests. After going through the eye exam, step exam, and holding one foot off the ground and counting, he still wasn't comfortable so he gave me a field breathalyzer. After doing that he said it wasn't working so he wanted to take me to the station. Cuffed me right there and didn't read me my rights.

On the way to the police station, he was speeding excessively (close to 70 mph in a 35 mph zone) and ran a couple red lights. (I'm pretty sure I wasn't a threat). After going over my advice of rights of taking the breathalyzer and the consequences of having a .08 BAL or higher and/or the refusal of the test, I told them I wanted to take it. My BAL registered a .07, so I'm good right? Wrong. He still charges me with DWI and DUI and says in Maryland you can still be charged in between a .07 and .08. Now I'm pissed.

I called a lawyer who told me to go to AA meetings and get notes from therapists stating that I'm not a risk to myself, the community, or an alcoholic. In my opinion we should be focusing on the points of my case and what a crock they are. Advice? My court date is in less than 3 weeks and I'm getting worried that the true colors of this case won't shine through.

Thanks.

 

[CALIF-LAWPRO62]

What is the name of your state? MD
I was bowling earlier in the year and had about 4-5 beers over the course of 4 hours. I was with two others. Upon leaving the bowling alley, 2 police cruisers were sitting outside. Having paced myself and not feeling the effects of the alcohol I drove off. Immediately leaving the bowling alley the 2 cruisers started to follow me. After going a few blocks I was at a stop sign, turned left and immediately was pulled over. The officer stated that I was pulled over for pulling too far past the white line before coming to a complete stop. (How can he even know that if he's behind me....ugh). After smelling alcohol he administered the field tests. After going through the eye exam, step exam, and holding one foot off the ground and counting, he still wasn't comfortable so he gave me a field breathalyzer. After doing that he said it wasn't working so he wanted to take me to the station. Cuffed me right there and didn't read me my rights.

On the way to the police station, he was speeding excessively (close to 70 mph in a 35 mph zone) and ran a couple red lights. (I'm pretty sure I wasn't a threat). After going over my advice of rights of taking the breathalyzer and the consequences of having a .08 BAL or higher and/or the refusal of the test, I told them I wanted to take it. My BAL registered a .07, so I'm good right? Wrong. He still charges me with DWI and DUI and says in Maryland you can still be charged in between a .07 and .08. Now I'm pissed.

I called a lawyer who told me to go to AA meetings and get notes from therapists stating that I'm not a risk to myself, the community, or an alcoholic. In my opinion we should be focusing on the points of my case and what a crock they are. Advice? My court date is in less than 3 weeks and I'm getting worried that the true colors of this case won't shine through.

Thanks.

My response:

What makes you think that this is an "interesting story"?

From all that you've posted, this is just another run-of-the-mill drunk driving post.

I sure hope you enjoy sitting behind bars.

IAAL

 

[vacat]

Glad to have waisted your time.

 

[CALIF-LAWPRO62]

Glad to have waisted your time.

My response:

You haven't wasted my time. However, you're going to be "wasting" a whole bunch of your time in the very near future!

IAAL

 

[vacat]

Then apparently you don't have a life. I felt there are some interesting points to my case. If you don't feel so, waste your time on the next thread.

 

[moburkes]

Then apparently you don't have a life. I felt there are some interesting points to my case. If you don't feel so, waste your time on the next thread.

Vacat, this is a legal advice site. Not an interesting story site. Do you have a legal question that you would like to have answered? If so, please post it. Thanks!

 

[vacat]

That's a response I can handle. For one, does this sound like a case that would be dropped considering, what I feel to be, no probable cause, entrapment, wreckless driving by the officer, etc.
Thanks.

 

[CALIF-LAWPRO62]

Then apparently you don't have a life. I felt there are some interesting points to my case. If you don't feel so, waste your time on the next thread.

My further response:

Did I forget to mention that you're also going to be wasting a whole bunch of money, too?

Sorry. I meant to say that in my second response to you.

IAAL

 

[moburkes]

My further response:

Did I forget to mention that you're also going to be wasting a whole bunch of money, too?

Sorry. I meant to say that in my second response to you.

IAAL

OP: Although you don't like his tone, you've just received all of the legal advice you are going to get.

 

[CALIF-LAWPRO62]

OP: Although you don't like his tone, you've just received all of the legal advice you are going to get.

My response:

Hell, even I don't like my tone. But, it's just me, trying to "get a life."

IAAL

 

[moburkes]

My response:

Hell, even I don't like my tone. But, it's just me, trying to "get a life."

IAAL

 

[CALIF-LAWPRO62]

That's a response I can handle. For one, does this sound like a case that would be dropped considering, what I feel to be, no probable cause, entrapment, wreckless driving by the officer, etc.
Thanks.

My further response:

Here's a tip for your future use - -

If you don't understand a legal term, like "entrapment," and/or "probable cause," then don't use the term. At the very least, conduct some research of a particular term, know and understand what it means, and if applicable, use the term. But, don't just throw out terms. It makes you sound even more stupid than driving drunk.

IAAL

 

[vacat]

Do I claim to know all of the law terms? No. That's why I posed a question. Not really a tip, but thanks.

 

[CALIF-LAWPRO62]

Do I claim to know all of the law terms? No. That's why I posed a question. Not really a tip, but thanks.

My response:

But, you used the terms as if you knew. Don't use legal terms if you don't know them. Simple.

Here's what you do - - you describe the situation, and then let those who are experienced with law, and legal terms, tell you what may be a reason, or cause, or violation.

IAAL

 

[vacat]

Thanks DB.