First time dwi arrest. i didn't blow. i had no beers. passed roadside tests. still arrested and released.

Asked almost 2 years ago - Rochester, NY

pulled over for no reason, had paperwork ready. all legit. shows up with my paperwork and a breathalyzer and asks me to blow. i refuse. he makes me get out, do roadside test and i record everything. i pass. he still arrests me. in retrospect, i should have just blown but i host a talk show and one of our MAIN topics is police misconduct. he was so pissed that i recorded him. i was angry but i didn't lash out. he claimed i sabotaged the "gaze test" and put me in cuffs. an hour later, released with a few tickets. this police department in particular has harassed me in the past and blocked my access to my old police reports for a time i was assaulted, claiming that i was a suspect because it involved one of the k9 wardens and this is why i refused the test. corruption. what happens now?

Attorney answers (4)

  1. Richard Caro Roxin

    Contributor Level 12

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    Answered . You need to retain a local, experienced criminal defense attorney who does a significant amount of DWI defense. At your first court appearance, a "Not Guilty" plea will be entered and your attorney will serve a Demand for Discovery on the District Attorney's Office, triggering an obligation to turn over any reports related to your arrest. Your attorney will review these reports, spotting the strengths and weaknesses of the prosecution's case, and will advise you of your options, namely to fight the charges, because here in Monroe County the District Attorney's Office rarely makes offers in "refusal" cases. I frequently handle these types of cases and would welcome the opportunity to discuss your case with you.

  2. Eric Edward Rothstein

    Contributor Level 20

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    Answered . You get a good criminal lawyer and fight the case. Does this police department use dashboard caeras? If so, your lawyer will want to request the video.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Frank Mascagni III

    Contributor Level 20

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    Answered . I would hire the best criminal defense attorney in your jurisdiction to defend the case ASAP. Defend the case at court with counsel.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  4. Joseph A Lo Piccolo

    Contributor Level 20

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    Answered . You need a good attorney. Your refusal + the officers "expert opinion" lead to the charge of common-law intoxication. There are strong defenses and it sounds like you will need them.
    Good Luck!


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more

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