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ExperiencedParalegal
ExperiencedParalegal, Paralegal
Category: Criminal Law
Satisfied Customers: 200
Experience:  MultipleAreasofLaw
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THIS IS IN RESPONSE TO MY EARLIER QUESTION. THE PO DID ASK ...

Customer Question

THIS IS IN RESPONSE TO MY EARLIER QUESTION. THE PO DID ASK ME QUESTIONS. HE SAID I TOLD HIM I ONLY HAD ONE BEER AND IT WAS AT 9;00p.m. WHICH IDID NOT TELL HIM THAT. HE ASKED ME IF I HAD BEEN DRINKING PRIOR TO THE CAR GOING INTO THE DITCH. I SAID I HAD HAD TWO DRINKS EARLIER IN THE DAY. CAN THIS BE USED AGAINST ME IN A COURT OF LAW SINCE MY MIRANDA RIGHTS WERE NOT READ TO ME?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  ExperiencedParalegal replied 9 years ago.
Dear Customer:

Miranda Rights have to be read to you before a police officer questions you, not your probation officer.

What is your situation? Are you being charged with something or is your probation officer going to revocate your probation? Thanks.

Please do not hesitate to contact me if you should need anything further.


Sincerely,
Jessica
ExperiencedParalegal

Customer: replied 9 years ago.
MY FIRST COURT DATE MY ARRAIGNMENT IS ON MAY 13. I SWERVED TO MISS A DEER AT APPROXIMATELY 11:00p.m. ON APRIL 26 I WENT INTO THE DITCH I CALLED A TOW TRUCK THE DRIVER CAME AND LOOKED AT THE CAR AND SAID THERE WAS NO DAMAGE AND HE WOULD RATHER WAIT UNTIL DAYLIGHT TO PULL IT OUT. SO I LEFT AND WENT TO THE BAR DRINKING WITH MY BROTHER. I CALLED 911 TO LET THEM KNOW THE CAR WAS IN THE DITCH I WAS FINE AND THERE WAS NO DAMAGE TO THE CAR. THE POLICE CAME LOOKING FOR ME AND FOUND ME AT ABOUT 1:30 IN THE MORNING AND TOOK ME IN AND GAVE ME A BREATHALIZER AT 2:20a.m NOW THEY ARE CHARGING ME WITH A OWI AND FAILURE TO REPORT AN ACCIDENT. IN THEIR REPORT THEY ARE SAYING I TOLD THEM I HAD ONE BEER AT 9:00p.m BEFORE I WENT INTO THE DITCH WHICH I DID NOT SAY THAT. THEY ASKED ME IF I HAD BEEN DRINKING BEFORE THE ACCIDENT AND I SAID I HAD TWO DRINKS EARLIER IN THE DAY. KNOW I HAVE TO GET STATMENTS FROM THE TOW TRUCK DRIVER SAYING HE DID NOT SMELL ALCOHOL ON MY BREATH I WAS NOT STAGGERING OR SLURRING MY SPEACH AND I DID NOT SEEM INTOXICATED. ALSO I HAVE TO GET A STATEMENT FROM THE BARTENDER SAYING I DID NOT SEEM INTOXICATED WHEN I WENT INTO THE BAR AND THAT I DID HAVE A FEW DRINK. I ALSO HAVE TO GET A STATEMENT FROM MY BROTHER STATING I DID NOT SEEM INTOXICATED WHEN HE PICKED ME UP BY MY CAR I WAS NOT STAGGERING, SLURRING, AND NO ALCOHOL ON MY BREATH, THAT WE WENT TO THE BAR AND HAD A FEW BEERS AND ALSO HAD A FEW BEERS AND SHOTS OUT IN HIS TRUCK. IT WILL NOT BE A PROBLEM GETTING THESE STATEMENTS I AM JUST WORRIED THEY WILL NOT HELP AND I WILL END UP GOING TO TRIAL AND STILL GET THE OWI. I WAS JUST WONDERING WHAT MY CHANCES OF WINNING THIS CASE ARE? HOW CAN A BREATHALIZER HOLD UP IN COURT THREE HOURS AFTER I WENT IN THE DITCH ANYWAY?
Expert:  ExperiencedParalegal replied 9 years ago.
Dear Customer:

Thank you for the additional insight to your case. I do think you should go forward and get the statements as you said. I do want you to know this though, it is the testimony of officer that will also come into play. From your story it sounds like this case has a good chance of going to trial.

The way the breath test will come into play is that there is actually a chart to measure your blood alcohol level. This chart has many different factors and is usually in the form of a graph. When you calculate your blood alcohol level on this chart you use information such as: your body weight, the number of drinks that you had (beer or hard liquor), and you then can decrease a small amount of your blood level based upon how much time has passed (in hours). This is also in the chart. Your attorney should have a copy of this graph, which may play a key factor in determining what your alcohol level was at the time of incident.

I understand your concern and I just want you to be aware that most people do get convicted of DUI. However, if you feel you have a strong case then you should continue forward with your case.

I hope this helped and let me know any further questions that you may have.


Sincerely,
Jessica
ExperiencedParalegal