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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33227
Experience:  Began practicing law in 1992
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My son was pulled over after having one beer. He did 2 field

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My son was pulled over after having one beer. He did 2 field tests which he failed because he was very scared having never been involved with the police. He was not offered a breathalyzer at the time. By the time they took him to the station he had convinced himself (he has anxiety issues and is going through counseling for it) that the machine would convict him no matter what. He was not advised of the consequences of refusal. The reason for the stop was having an extra person in the back seat with no seatbelt not his driving. It does seem that he annoyed the officers by telling them he could not do the heel to toe because of balance issues. Is there any hope for this one?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

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The only time I have seen it done it did result in two surcharges. However, it has been my experience that this is very dependent on the officer from the state who handles this part.

The criminal issue is handled by the DA and judge but the drives license issues are typically addressed initially by the DA and judge but ultimately reside in the hands of the state driver's license officers, which is a different organization altogether. They are not necessarily bound by what the judge does in the criminal case.

Is there a reason that he is not getting a lawyer for this?