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 Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26932
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I declined a breath analyzer test passed the field test and

Resolved Question:

I declined a breath analyzer test passed the field test and the officer said i failed two of them which i honestly dont see how i failed them he stated that his camera wasn't functioning and it didnt matter I declined the breathe analyzer and asked if i could have a blood test done instead and he said i had no other option arrested me and took me down town and never recieved a blood test well this hold up in court or is anything i did will be held against me?
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.

Dwayne B. :

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.

Dwayne B. :

Will what hold up in court?

Customer:

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.

Dwayne B. :

He wrote you a ticket for reckless driving in addition to arresting you for DWI?

Customer:

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

Customer:

he then took me downtown where i was held in a cell until early this morning

Dwayne B. :

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.

Dwayne B. :

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.

Dwayne B. :

The field sobriety tests are only about 70% accurate even if done correctly.

Dwayne B. :

Everything is likely going to be admissible in court and there isn't much chance of getting the case dismissed.

Customer:

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

Dwayne B. :

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.

Customer:

I asked him was the camera working he told it was not working at the time

Dwayne B. :

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.

Dwayne B. :

Did you have additional questions?

Customer:

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?

Dwayne B. :

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.

Customer:

oh ok thank you for your advise it has been very soothing i really appreciate it

Dwayne B. :

You're very welcome. You have a very good shot at beating this case so just be sure and get a good lawyer.

Customer:

Thank you do you have any recommendations?

Customer:

Ron Smith is a big talk around my area

Dwayne B. :

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.

Dwayne B. :

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.

Customer:

oh ok thank you again

Dwayne B. :

You're very welcome.

Dwayne B. :

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.

Customer:

No problem

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26932
Experience: Began practicing law in 1992
Dwayne B. and 7 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 10 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

Also, I’d ask you to consider issuing a high rating (9-10) when you receive your customer satisfaction survey as that ensures I can continue to assist people in this category.

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:

 
 
 
  • 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
< Last | Next >
  • 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
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.