QUESTION

What are the possibilities that I can fight this and have it dismissed or should I do the deferral program in WV?

Asked on Mar 18th, 2013 on DUI/DWI - Washington
More details to this question:
I was pulled over for supposedly driving on the white line. As soon as the officer pulled me over I told him I did not have my insurance on me and I could show him on my cell phone my proof of insurance. I had to open my door because my windows does not roll down. I still had my seatbelt on. He did not ask for my driver’s license either. He asked if I had been drinking and I said I had a few a couple hours ago. He didn't have a flashlight and told me to just follow his finger. Than he had me take the walk and turn around test in which I told him I had a torn ACL also I had shorts on that night and it was freezing. He said take one step in front of the other an after you get it back around than count to one. Well I asked him if he meant one full step in front of the other and he just said do it how you think you can. So I put one foot in front of the other than the other one in front and counted to one, turned around etc. After I got done he said "you did not listen to me at all" you needed to do it like this and I said well I can do it again that way if you want and he said you have been one of the worst ones to fail the test. Then he gave me a breathalyzer and it had read .36 and both officers looked at it and the other one said "haven't you seen myth busters before". Then he just told me I was under arrest for DUI. Did not read me my Miranda rights. Took me to the station and made me do the blow test there, which read .128.
Report Abuse

1 ANSWER

Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
Update Your Profile
Based upon what you said, there is no way you are going to win your case. If a deferral is available, take it. I hope you are consulting with an attorney.
Answered on Mar 19th, 2013 at 2:39 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