How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask CrimDefense Your Own Question

CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 16522
Experience:  7+ years defending Misdemeanor and Felony cases.
9540344
Type Your Criminal Law Question Here...
CrimDefense is online now
A new question is answered every 9 seconds

I have full custody of our 8yr old son, and took him to his

Customer Question

I have full custody of our 8yr old son, and took him to his baseball. My ex lives in Oklahoma and I in Kentucky. She called KY PD and lied to them and said I wouldn't let her talk to him, which I did. She also said I was drinking and driving, without knowing I was. I was pulled over leaving the park. After giving blood at hospital and going to jail and court my results came back under the legal limit at 0.077.Were my rights violated?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. Do you have an attorney representing you? If so, did he/she question the basis for the stop?
Customer: replied 1 year ago.

No I have no attorney . I feel my rights were violated because my ex was just starting trouble with no valid information. The police went through the park and waited for me to drive out. The last out of the game was a down pour with tornado sirens going off and he still managed to pick me out of the traffic. I feel" IF" he had the intentions of protecting the public as well as my son he shouldn't have not let me get in my truck in the first place,and he could have charged me with drunk in public . At the hospital he bragged that he was the cop in the county that had the most DUI arrests three years running. What was his real motive get another award by violating my rights and at the cost of endangering the public?

Expert:  CrimDefense replied 1 year ago.
I think your rights could have been violated and that there is possible a legal basis to suppress the stop. This appears to be nothing more then an anonymous tip ( since you wife was not even there to witness anything) and you never stated that the officer observed anything wrong with your driving pattern, which would justify a stop. If that is the case, it is possible that the stop was illegal and any evidence gathered could be suppressed. Moreover, if you were under the legal limit and the officer did not observe that you were impaired, the State should not proceed in good faith to trial. You have every legal right to go to trial and make the State prove this charge beyond a reasonable doubt.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.

I did hit a small curb during the down pour as I made a left turn,and that is when he stopped me,so I suppose the stop was justified . He gave me the field sobriety and I didn't do good at all, it was in the rain and the cop states that it was put on hold, because of the rain. I told him as far as the line walking my back wouldn't give me a straight line on a good day. This cop is also a crash scene investigator. I'd like to ask him if he enjoys his job and if he was looking forward to investigating another one, and is that why he let me leave the park or he knew he would violate my rights? Does the sobriety check prove anything? Or does it all boil down to the blood test? I like what your saying so far.

Expert:  CrimDefense replied 1 year ago.
The field sobriety exercises are relevant along with the observations of the officer. However, if you have back problems which you from performing them and explains why you did poorly you would have a defense to justify the results.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 16522
Experience: 7+ years defending Misdemeanor and Felony cases.
CrimDefense and 10 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

RE: cop's report field sobriety test ; word 4 word , --I observed above vehicle weaving on the roadway. I also observed above vehicle run up onto the curb as he turned left from US68W TO US641N. Upon contact with the above subject I noticed slurred speech, blood shot, watery eyes. I/O noticed a strong odor of alcoholic beverage about his breath. Above subject's pupils didn't react to light. I conducted SFST's; HGN(6 clues) OLS (put foot down twice, swayed, used arms for balance and he complained test was hurting his back) WAT( didn't maintain balance, started wrong foot, missed steps' stepped off line, didn't count out loud, 8 steps and improper turn). I/O ATTEMPTED PBT BUT ABOVE SUBJECT WOULDN'T PROVIDE SAMPLE. ABOVE SUBJECT HAD HIS 7 YEAR OLD SON WITH HIM AT THE TIME OF THE STOP. I READ IMPLIED CONSENT TO ABOVE SUBJECT. BLOOD TEST PENDING. When it says he preformed (SFST's; HGN(6 clues) OLS) :What does that mean? And do I have my back's health history as a defense? My MRI is about a mile long. and how many clues does it take to get convicted in such a case? I took the survey and I mistakenly bulleted 10 and 3 by mistake I meant to bullet 10 and 10 sorry about that. BUT WHAT WORRIES IS THE 6 CLUES AND HOW THEY CAN USE THAT AGAINST ME 0.077 is under

Expert:  CrimDefense replied 1 year ago.
Those are likely the eye test he conducted with the light/pen, where he told you to follow it and not move your head. The issue with you back is certainly a defense if you were asked to balance and stand still. The observations of the officer can be used against you, along with the BAC result. Even though it is under the legal limit, you could have still been impaired. That is the burden that is on the State to show and if you have back issues which resulted in the poor performance, it can be used as a defense.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.