QUESTION

I was about 1 mile behind trooper he hit his breaklights twice and then turn top lights on I was on a Motorcycle when I got up to him he was out of

Asked on Sep 07th, 2011 on DUI/DWI - North Carolina
More details to this question:
his car with his hands up. He said I was speeding. He didn''t use a radar he said that he estimated I was going 70mph thats his word. I had a prior dwi and when he ran everthing and saw that he wanted me to take breathalizer all the while we are still behind his car I tried to follow the field test as best I could but I suffer from panic attacks and take meds for it plus 2 antidepressants for a tramatic brain injury while in Iraq. So by me feeling a attack coming on because he lied about the speeding it made the attack feel worse I couldnt blow an control my breathing at the same time so I refused an was charge with speeding an implied consent (driving on an imparied substance) I have all my medical reports plus med report and receive 100% from the VA for my condition. What can I do or do I have a chance to beat this?
Report Abuse

1 ANSWER

Because of the complexity of the laws related to the offense of Driving While Impaired, it is always best to hire an attorney to represent you or to ask that the State appoint an attorney to represent you if you cannot afford to hire your own.  An attorney would be able to hear the facts as you tell them, gather the reports and other pertinent discovery materials, discuss the matter with the officer, and then advise you based on all of that information and the law what course of action would be in your best interests.  Generally, there are three primary ways to challenge a charge of Driving While Impaired that seem relevant to the facts as you have described them. First, the State must prove that the Officer had a reasonable suspicion that criminal activity was occurring, was about to occur, or had occurred to request that you stop your motorcycle.  Speeding would likely amount to reasonable suspicion as it is in violation of N.C. Gen. Stat. § 20-141. However, an attorney may find a way to challenge the officer's reasonable suspicion to stop you for a violation of the speeding law if radar was not used and the officer was purely approximating your speed from the rear.  These are factors that an attorney would evaluate among others to determine if the State has met its burden at this stage. Secondly, the State must prove that the Officer had probable cause to believe you were driving while impaired prior to his arrest of you for that offense.  This stage takes into account your driving, your appearance (i.e. red, glassy eyes), your behavior (i.e. slurred speech, repetition, confusion), your performance on field sobriety tests, and much more up to the point of arrest.  At this stage, your medical conditions would become pertinent to potentially explain your performance on the sobriety tests and your behavior and mannerisms that evening if the officer was aware of your medical conditions.  Again, an attorney would evaluate these factors to determine if the State has met its burden at this stage. Lastly, the State must prove beyond a reasonable doubt that you were driving while impaired.  This stage takes into account everything from beginning to end (i.e. driving, behavior, appearance, performance on tests, and your refusal).  Your medical records would also be pertinent at this stage, because your refusal (to provide a sample of your breath if charged with an implied consent offense like Driving While Impaired) may be used as evidence against you.  An attorney would evaluate the ways to combat the weight of this evidence from the State or to suppress it altogether.  None of the above is to be interpreted as legal advice and it is provided simply for general information purposes only.  Please see the first paragraph regarding the importance of hiring or requesting counsel to assist you with this offense.
Answered on Oct 24th, 2011 at 12:34 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters