I refused to take a Breathalyzer test after being arrested , but I did submit to the field test . The arresting officer checked the first two spaces on the DA - 1205 form , indicating that I had tested positive above 0 . 08 . Considering that the form clearly states " MARK ONE ONLY " and on his sworn report , he is indicating that I tested above 0 . 08 , which cannot be proven because I refused to take a Breathalyzer , will this help me ? ? He also did not sign the temporary license section at the bottom of the page , even though my license / privilege was not suspended , canceled , or revoked at the time of my arrest . This has left me with nothing .
You should hire a qualified DUI expert to help you with your case. Any time you want to mount a technical attack as opposed to a factual attack, you better have someone by your side who knows more than the cop, the prosecutor, and the judge. Our office can handle just such a defense, as can several of the other attorneys who are likely to respond to this post. Be sure to interview several and hire someone you feel comfortable representing you.
Could not agree more with Mr. Rohan, get an attorney to help you. You have two issues the administrative appeal which should be filed within 10 days of your arrest to attempt to save your license and the criminal charges which are separate and distinct from the administrative suspension of your drivers license.
First, the fact that he did not sign the temporary license may be a means of attacking it, but doing nothing only insures that your license will be suspended. It will be up to you to make sure that a hearing is requested within 10 days and the fee paid when you do. As to the blood alcohol, I agree that you have a good basis to beat the charge because he cannot say you were over .08 and refused. However, this is alot like changing a transmission on a car. Even a hairdresser or doctor can theoretically do it, but would you want to drive the car afterwards. Get an attoney asap and avoid a conviction which could be avoided.
In most instances, documents can be amended and errors corrected. In this instance, you must request a hearing within 10 days of your arrest or your license is automatically suspended. You have highlighted an error on a form. However, you may have several defenses to both the license suspension and the underlying DUI of which you are not aware because you are not a trained and experienced lawyer. You need to retain counsel ASAP.
You need to request a temporary hearing with dds within ten days of your arrest or your suspension will be upheld and you could be without a license for up to a year.
My office handles primarily DUI cases and I'd be happy to speak with you over the phone to discuss the particulars of your case.
First - You MUST file a request for a hearing within 10 business days and include the $150.00 fee or your Drivers License WILL BE SUSPENDED. It does not matter that there are technical and possible factual/legal issues that could be presented in your defense if you don't request a hearing!
Second - I would highly recommend that you retain an Experienced DUI Attorney to represent you in the Administrative License Suspension (ALS) hearing ASAP! Trying to defend yourself at this hearing is NOT A GOOD IDEA!!!
Third - Do your research and find a DUI Defense Attorney that you feel comfortable using. Talk with the Attorney and ask about qualifications and experience. Directly question his/her knowledge on the ALS procedure and any available defenses that you may have at the ALS hearing or at a Trial. Hire the Attorney that you feel most comfortable with defending you in court. Remember, your Attorney is your voice in Court, your Defender and should be both qualified and experienced in defending ALS / DUI cases like yours.
I hope this has been helpful information to you. Good Luck!!!
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