QUESTION
Can my case be dismissed if I failed the pen test since I was looking directly at the car's flashing lights?
Asked on Jun 02nd, 2013 on DUI/DWI - South Carolina
More details to this question:
A police officer pulled me over because someone told him they smelt alcohol coming out of the car. Is that a legitimate reason to get pulled over? He never asked for my insurance or registration. I refused a breathalyzer but did the sobriety test and he said he could tell I was drunk because of my eyes on the pen test but as he was doing that he has me looking right into his flashing cop lights. I was charged with operating vehicle.
5 ANSWERS
You need to hire a DUI specialist pal.
Answered on Jun 05th, 2013 at 10:32 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Who told him that he smelled alcohol? You need to find out and interview that person. The officer can pull you over if he has probable cause. That';s why you need to find that person. And if he had the police lights shining so that you had to look at them to do the test, you will want to use that in your defense. You need to give all of that information to your attorney.
Answered on Jun 05th, 2013 at 10:31 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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That is only one test. How did u do on the balance of the field sobriety tests?
Answered on Jun 05th, 2013 at 10:31 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, it sounds like there may be some evidence in your case that would support a favorable plea agreement if not a complete dismissal of the charge against you. I do hereby clearly advise against any reliance on this information as advice or application of it to a specific situation without a more thorough consultation with counsel.
Answered on Jun 05th, 2013 at 10:30 PM
Criminal Defense Attorney serving Chicago, IL
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Law Office of Andrew Gable
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It probably will not be dismissed based on that. That is something that your lawyer can argue to the judge or jury. You should contact a lawyer.
Answered on Jun 05th, 2013 at 10:30 PM