Did not do anything wrong to be pulled over followed me for 5 miles when got to stop sign before my house they got my plate an ran it an saw me the owner of car had a expired license . Ripped my door opened an ask if I was the owner is that reasonable cause. They said they saw it was a women driving. So assumed it was me. I was in my driveway just moved within the month so I did not change address yet then called me a liar an said I did not live there. Any help would be great. Thank you!
Was charged for DUI I refused so no bac Had 1st hearing I dont know if I should fight or just take 5 days. 2nd offense.
Family Law Attorney
I'm not a crim defense attorney, but guess that the police had enough cause to pull you over. Once pulled over, they had the right to ascertain whether you were drunk, especially if there were outward signs.
In many states, refusal to take a blood test of breathalyzer test is enough for an automatic suspension of your license. It isn't clear whether there is enough evidence (visual on the part of the officers, your conduct at the scene, etc.) to convict you.
Given all of this, I recommend that you immediately consult a DUI specialist to make sure all of your rights are protected.
The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com
There may be details that an experienced DUI attorney can unearth that could help your DUI defense. Speaking with a local experienced criminal defense attorney would be a good start. Their running of the vehicle's plates and finding an unlicensed driver/owner will usually be sufficient probable cause, however talk to a local lawyer. Good Luck.
This answer does not constitute a legal consultation, or definitive answer, nor does it establish a lawyer client relationship. Each case, controversy, or situation is factually different and requires particularized evaluation.
Criminal Defense Attorney
From what you describe, the police may have had probable cause to pull you over. When the cop ran the tag and saw the registered owner (you) had no valid license, he would have attempted to pull up your picture on another data base. If he was able to do so, and verified that you were the person in the picture before he pulled you over, the pull over is valid. If he was not able to identify you before pulling your car over, the stop may be bad. These pullover incidents are fact specific and you should speak to an experienced criminal lawyer immediately.
If this is your second DUI offense within 10 years and you refused to submit to a chemical test, the minimum mandatory sentence is not 5 days. It is 90 days. Speak to a lawyer now.