Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
Will what hold up in court?
Everything that occurred him stating I failed the field test and me being arrested for a dwi . He assumed there was alcohol in the vehicle i told him to search the vehicle he has all right too. but he didnt he just kept tellling me i was going to jail tonight then took me through all the test he asked if i could take a breathe analyzer i refused and told him i rather do the blood test he told me im under arrest and i had no other options besides the breathe test. He wrote me a ticket for wreckless driving stating i was changing lanes to much. which he stated was his reasoning for pulling me over.
He wrote you a ticket for reckless driving in addition to arresting you for DWI?
I dont quite understand he lied to the majestry and told her i failed all my field test and refused a breathe analyzer but i clearly asked him could i do the blood test instead and i received neither of them. No wrote me a ticket for reckless driving and arrested me on a DWI he didnt write a physical ticket for it he arrested me after i refused the breathe analyzer and I asked him if i could do a blood test instead
he then took me downtown where i was held in a cell until early this morning
The arrest will be held valid but you have a decent chance of beating the DWI if you get a good lawyer. Since they don't have you on camera failing the field test that works in your favor.
If the audio portion of the tape was working and they have you on there requesting a blood test then the jury is going to hold it against the officer that he didn;t let you take the blood test.
The field sobriety tests are only about 70% accurate even if done correctly.
Everything is likely going to be admissible in court and there isn't much chance of getting the case dismissed.
so what about the reckless driving he claimed he received a 911 call stating i was changing lanes and swerving. I asked him for details he refused to tell me I asked him did i have my blinker on where exactly was I when he seen this etc. he refused it all
You do want to talk to your lawyer about the ticket and the DWI because sometimes pleading to reckless driving means pursuing the DWI is double jeopardy.
I asked him was the camera working he told it was not working at the time
The lawyer may be able to get the reckless driving handled though. There is some case law out there that says an anonymous 911 call isn't probable cause to stop somebody.
Did you have additional questions?
So in other words he will have to have proof of everything if im understanding correctly? also my license is suspended now for 7 days is it possible to get a restricted licenses for school and work?
Yes, but his testimony is some proof, you can't forget that. Yes, you can ask the lawyer to apply for an occupational license for you.
oh ok thank you for your advise it has been very soothing i really appreciate it
You're very welcome. You have a very good shot at beating this case so just be sure and get a good lawyer.
Thank you do you have any recommendations?
Ron Smith is a big talk around my area
No, we can;t give referrals but you can go to www.lawyers.com and look for a lawyer that does criminal defense and then look for one of those who does DWIs.
Be sure and ask them how many trials they have done, etc. You want one that has done a lot of trial work, not just pleas.
oh ok thank you again
You're very welcome.
Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).