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cop states and sited me and a friend (seperate cars) for 66 in a posted 45. lights came on we both pulled into a parking lot off the main st. deputy pulls behind my friend first adresses me later. he states i smell of alchoal and continues with field sobriatory test. i feel as if i had completed the test. he arrested me. while being placed in the squad car i asked why i have not been given a breath test he stated that he will handle that at the station. long story short, while at the station i complied with the series of questions without a lawyer present. i know what my answers were and will take a lie detector test to prove this. i obtain a lawyer after release he gets the depuitys police report and in three instances he lied and changed what i said. example, "I offered the defendant a breath test and he was confused." I had actually asked him why i have not recieved one while being placed in the car. ex # 2 he asked me how intoxicated i felt i was on a scale 1 - 10 i said 1.5. "8"
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You mentioned that you obtained a lawyer, I suppose my first question to you is have you discussed your concerns with your lawyer, as he/she would be in the best position to discuss your case. You did not state whether you submitted to a breath test, it sounds like you did not based upon what you wrote. If you submit to a breath test the results will either show you were not impaired as defined by a BAC under .08, or you were presumed impaired if BAC was over .o8. If you refuse the breath test you give up the opportunity to show that your BAC was under .08. As for the questions, field sobriety tests, and breath test, the law is clear that you are not entitled to a lawyer for field sobriety testing or breath testing. The only time you are entitled to a lawyer is during questioning. The officer should have read you your miranda rights before asking you any questions. however any spontaneous statement made by you which was not in response to a question, is evidence, and not protected by Miranda. Most police have a video tape rolling in in the breath testing room and any statements made should be on tape. With regard to your passing or believing you passed the field sobriety tests, there are six to eight clues related to each test that determine whether you passed or not. These tests are divided attention tests and designed to not only assess your physical ability but also your mental ability to listen and follow direction, something which decreases with impairment. Many people believe they passed the field sobriety tests but actually failed based on the assessment criteria.
Answered on Mar 20th, 2013 at 3:30 PM