How can a state trooper come to your home an your not in your vehicle an try an give a sobriety test in your yard an give a DWI

Asked 12 months ago - Lafayette, LA

got in a accident in ville plate gave my info to emt an lady that I hit after being checked out by emt I left the scene an went home when I got home I was on my porch an my wife saw a un marked suv coming down our private road when he got there he got out of his suv walked to my jeep open the door an took pictures of the inside keys in the ign but did not have a warrant or my permission to open my jeep I walked over to him he then took my glasses off my face an proceeded to give me a field test when I told him my lic was restricted cause I am blind in my left eye he said for me to follow his finger with other eye I got mad an took my glasses back an told him I was not taking the test then he proceeded to handcuff me an put me in his suv without reading me my rights at no time was I read ri

Attorney answers (4)

  1. Elizabeth B Carpenter

    Contributor Level 12

    4

    Lawyers agree

    Answered . The fact of the matter is that a policeman can arrest you for anything. The question that remains is will the DA formerly charge you will a DWI after the case is screened You will find out in due time. I am curious to know if you blew into the breathalyzer. Of course, the officer had not legal right to open your car and take pictures -- but cops usually do whatever they want and then tell half truths and lies in police reports. This is probably one of the most frustrating aspects of my job. You definitely need to hire an attorney. I would also hire someone who has advanced training in DWI Defense. Attorney's skill and technical knowledge will go a long way in this case. Good Luck!

    This communication is for information purposes only, not legal advice. No attorney client relationship is form.
  2. Chaz Hanley Roberts

    Contributor Level 4

    3

    Lawyers agree

    Answered . You have a good case with very interesting issues. You need to hire an attorney as soon as possible.

    Don't discuss this case on this forum or with anyone else until you consult with an attorney.

    This post does not constitute legal advice and shall not be construed to create an attorney-client relationship.... more
  3. Samuel Cohen

    Contributor Level 20

    4

    Lawyers agree

    Answered . Retain an attorney to defend the DWI. Discuss with him/her the circumstances of the arrest. Do not post anything else here.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more
  4. Ethan Patrick Meaney

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . With these facts you need to consult with an experienced DUI attorney. There are many good ones here on AVVO. Just select "Find a Lawyer" at the top of the page. Good luck.

    This is not intended as legal advice. No attorney / client relationship exists because of this response.

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