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

baseball. My ex lives in...
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?
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8/26/2013
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 29,478
Experience: 10+ years defending Misdemeanor and Felony cases.
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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?
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Customer reply replied 4 years 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?

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.

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Customer reply replied 4 years 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.

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
CrimDefense, CriminalDefenseAtty
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Customer reply replied 4 years 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

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.
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