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Loren, Lawyer
Category: Criminal Law
Satisfied Customers: 33450
Experience:  Former administrative hearing officer
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I was pulled over by an officer the center line.

Customer Question

I was pulled over by an officer for crossing the center line. I was distracted by my passenger's mental state at the time. I was given a BAC and tested .000. I was given roadside sobriety tests and had difficulty walking (medical knee issue). I was taken to the station and given another test which registered .000. I was held there for a couple of hours, and at this point I was mentally confused and afraid. Then the officers tried to get me to go to the hospital for a urine test, which I refused. They charged me with 2nd OWI (refusal). Can this be reduced to a traffic violation?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Loren replied 1 year ago.
Good afternoon. I am Loren, a licensed attorney and former asst prosecutor, and I look forward to assisting you.
I am unclear why you were charged with any offense, other than improper lane usage. This should be dismissed as there is no evidence to support the offense charged.
Expert:  Loren replied 1 year ago.
In other words, you do not want the charge reduced. You want it dismissed entirely. Nor is there a refusal. You gave two breath readings. At that point they should have released you and sent you on your way.
Expert:  Loren replied 1 year ago.
Did you have further questions? Have I answered your question?

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