Dwi

[thmann]

while driving a friend home in their car we met a police car that was going in the opposit direction .After he passed by me I looked in the rearview mirror and noticed that he hit his brakes and was going to turn around. At the same time I was turning into a driveway which was a relatives property and residents. After I had already parked the car and taken the keys out of the ignition the police car pulled in the driveway behind me and then turned the redlights on. As i was getting out of the car the officer was walking up and asked me to get back in the automobile. After doing so he then asked me for my driver license. I gave them to him he went back to his car then came back and asked me to take a roadside sobrity test which i refussed to do. then i was arrested and charged with a DWI. I would like to know if their is any chance of beeting this in court or maybe getting it thrown out.

 

[Vincent Cosent]

Basicly this is about you refusing to take the test. And whether he
could stop you in the first place.

The officer must have probable cause to stop you so I will ask you
does he know you related to any drinking problems in the past ?Were you driving erraticaly etc. ? Will he state the same if it goes to court?

Assuming he had some probable cause to stop you and you refuse to take the test may or may not be a legal reason to charge you with dwi so you need to find out what your local
laws are concerning this. Talking to an attorney is best and you will need one anyway.

 

[Humble Warrior]

In most states refusal to take a test by request of an officer is,in itself admission of guilt. (it sucks....but its true).
If the officer actually SAW you operating the vehicle,and SAW you getting out of the drivers door......your done!!! It doesnt matter that you 3 feet from home.......your still post-toasty done!!!