QUESTION
What can I do if the arresting officer immediately became verbally aggressive towards me and assumed I was drunk?
Asked on Nov 19th, 2012 on DUI/DWI - Michigan
More details to this question:
I was in a minor fender bender. No one was hurt but the other driver called the police. An hour later the police arrived and the officer arrested me based on the claim that she smelled alcohol. Accident occurred on narrow street. Other driver received minor damage to his car. Waited an hour for police to arrive. Arresting officer immediately became verbally aggressive towards me, assumed I was drunk and arrested me without performing a breathalyzer test.
7 ANSWERS
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Contact a qualified and skilled DUI attorney right now.
Answered on Apr 30th, 2013 at 12:59 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. If you did not submit to any type of breathalyzer test, it will be difficult for them the prove that your were drunk at the time I suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 23rd, 2012 at 3:21 AM
John J. Carney
If you were drinking you should have talked the other driver into settling the accident with the insurance companies and not calling the police. If the officer suspected you of being intoxicated he had a right to arrest you and you had the option to take a breath test to see if you were drinking and what your BAC was. Apparently you were drinking and refused the breathalyzer and so the case will be decided on the officer's testimony and the field sobriety tests. You should retain a good DWI lawyer, feel free to call my officer for a referral to one in your area.
Answered on Nov 22nd, 2012 at 7:31 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I don't have enough facts. I suggest that you retain an attorney as it sounds like you may get charged with something.
Answered on Nov 20th, 2012 at 6:03 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You should consult with an attorney to have proper representation. The evidence will have to be reviewed and considered for all possible defenses.
Answered on Nov 20th, 2012 at 6:02 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, if you were arrested at the scene of the accident and charged with DUI under South Carolina Code of Laws 56-5-2930, you did not have to be offered a breathalyzer at the scene of the accident / arrest (in most cases). However, you should have been given the opportunity to perform field sobriety tests (in most instances). There are many details which an attorney would need to know to properly advise you in regards to these matters. I suggest that you contact a local attorney to discuss these matters as soon as possible.
Answered on Nov 20th, 2012 at 6:01 PM
Michael J. Breczinski
So if he did not perform any tests then how are they going to prove that you were under the influence? Get a good attorney.
Answered on Nov 20th, 2012 at 6:00 PM