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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33424
Experience:  Began practicing law in 1992
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I declined a breath analyzer test passed the field test and

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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?

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

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