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Should I fight my DUI? |
I got my first DUI last Friday night. I normally NEVER go out but a friend of mine was down about a break-up and wanted a night out. So I took her to a bar down the street. About 1:30 I was taking her to her car parked at my complex and this cop came out of nowhere. Lights went on so I pulled over. He said he pulled me over for doing a cal stop (not stopping completely at a stop sign) which I know for sure I didn't do. The next question was about drinking....then I did all the field tests which I passed....he said one more test and you can leave....blow test blew .13 so off I went to jail. I just don't feel as though he had probable cause to do all that to me. I was driving fine and barely even felt a buzz. I'm 5'10" and weigh 130 lbs so I feel my small frame didn't help me any. I just don't know....I can't afford an attorney but if it will help me then I'll find a way. I'm one of those people always looking out for everyone but myself and this whole thing just pisses me off! Any suggestions??? I just wanted to update everyone....my boyfriend is friends with the cops brother and he said that the cop told him he hides out across the street from the bar and follows people to give them DUI's all the time! Now I know it's entrapment! And I had 3 beers and 1 shot for the record. I know I made a mistake and have seriously learned from this whole experience but I don't think that cop had any right! If I was driving drunk then yes but I wasn't drunk! I've decided to get a Public Defender to represent me. That way I don't have to pay him but can try and fight this bull! How can you fight it? You were driving under the influence. You failed the breathalyzer. .13 is almost twice the legal limit in most states. Lawyers who specialize in DUI do amazing things, including getting dismissals on open and shut cases, help you keep your drivers license, challenge the conditions of your testing, etc. I'm not sure if it's regional or national, but I in the NW US see ads that express my sentiment: Over Limit; Under Arrest. Unfortunately, society will lump you, a good person who screwed up once, in with the dipwads that are cited and released for the 18th time this year. First, irrationally extreme intolerance was directed toward child molesters. Now it's also drunk drivers. I would talk to a lawyer who specializes in this defense. Breathalyzers can vary widely and there's a chance you were below the limit. Mouth alcohol, the dates the breath machine was calibrated - all sorts of stuff to consider. Probable cause might also come into play. It's worth a call and sometimes a lawyer will work out a payment plan with you. Pay the fine and do the time or whatever you have to do. Fighting it will only make it worse and cost you more. Just don't do it again. you also failed to say what and how much you drank.(drunk)lol.drinked?did you get blood tested?get the results!!! you may be right. Quit drinking and driving. You did it, you got caught. Be an adult and live with the consequences. Quit making excuses for your misbehavior. I'm not sure what state you live in, but I'm pretty sure that you screwed yourself by participating in the field sobriety test and the breathelyzer test. Unless you live in a state where they can force you to give a blood test at the hospital- REFUSE all tests- especially the breathelyzer. They can suspend your license immediately, but in the long run, the cops have nothing to confirm that you were actually drunk...OR even drinking. For a .13...it prob would've dropped by the time they took you to the hospital anyway....P.S. I'm NOT a lawyer- my friend just went through this and we're from Ohio. Consult with a lawyer- they do that for free. However I think it may be best to just take your punishment if a lawyer will just cost you a ton of money to get the "sentance" you were going to get anyway. Unless the attorney can convince the court that the breathalyzer wasn't calibrated correctly or malfunctioning you are going to be convicted. Generally you will be wasting time and money. You blew a .13, you were admittedley under the influence and tested over the limit. Your .13 results are what they will use against you, the breathalizer will negate the unjust probable cause theory. Even if a judge says you can have a license back, the dept of motor vehicles has its own laws that can override the judge. Save your money for the program you will have to enroll in to meet DMV's stipulations for re-issue of license. some ppl can get a to and from work license for a period of time, in my experience they usually get popped again for picking kids up from school or grocery shopping. NOT ALLOWED. sad but true |
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