QUESTION

What can I do if I was stopped for driving on center lane and weaving with in my lane, which turned into a DUI stop?

Asked on Feb 06th, 2013 on DUI/DWI - California
More details to this question:
I was asked to do field sobriety test in squad car, I received the police report no and the trooper lied about giving a field sobriety test and stated I fell asleep on the way to blood draw.
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8 ANSWERS

John J. Carney
You should retain a good criminal lawyer to handle the case. If your BAC was under .13 you can plead it out to a violation. If it is higher most states require you go to trial. Anything over a .17 could get you convicted of the DWI or DUI misdemeanor in most jurisdictions.
Answered on Feb 10th, 2013 at 11:50 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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First of all, don't agree to anything or plead to anything without consulting with an experienced DUI attorney first. Only a trained eye can carefully review the case file for any errors that could get the charge reduced or dismissed. A good DUI is immensely valuable and will more than pay for himself in what he can save you in terms of probation, jail, losing your vehicle, fines & costs, driver's responsibility fees, and higher insurance premiums. While case law isn't quite clear on just touching the center line yet, case law is clear that swerving within your lane is reasonable suspicion to pull you over. That is why you need a DUI attorney to review everything to make sure everything is done properly. The stakes are high even for a first offense conviction so don't go at it alone.
Answered on Feb 08th, 2013 at 3:41 PM

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A skilled lawyer might be able to find a way to demonstrate that the officer is lying, but without other witnesses, it will be very hard. If there were other officers at the scene, or someone in your car, you have a better shot at it. Even so, your being on the center line is enough 'reasonable suspicion' for the officer to stop you. But of itself it should not enough to arrest you for DUI under the facts you state.
Answered on Feb 08th, 2013 at 3:40 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Get an attorney and defend yourself. You will need other witnesses or a car cam recording to assist in this defense.
Answered on Feb 08th, 2013 at 1:35 PM

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You can hire an attorney to review the police report and see if any defenses exist. The attorney will make sure all options are considered and explored.
Answered on Feb 08th, 2013 at 1:33 PM

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They always lie in the report. You need to hire a DUI specialist if you want any chance of beating the charge. By yourself you are a sitting duck for the prosecutor.
Answered on Feb 08th, 2013 at 1:32 PM

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Estate Planning Attorney serving Provo, UT at Randy M. Lish, Attorney at Law
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Anytime you are stopped, all you can do is plead not guilty and take the case to trial. Hopefully, the officer has a video of the stop. this can help in contradicting the officer's testimony. otherwise, you may have to bring in witnesses to testify about what you wre doing just before driving, and hope the judge or jury believe your witnesses rather than the officer.
Answered on Feb 08th, 2013 at 1:32 PM

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Civil Rights Attorney serving San Bernardino, CA at Anyiam Law Firm Inc.
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You should contact an attorney who specializes in DUI cases. It is not feasible for you to handle it yourself
Answered on Feb 08th, 2013 at 1:32 PM

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