I have two DWI one in July 05 and the other in 07 I was stop again I refuse to blow and no test was done do I have a good case ?

Asked over 1 year ago - Fort Bragg, NC

I was leaving post and govt officer has they call them self follow me for about 1 . 5 miles I was off post when he stop me I ask him why he put me over he didn't tell me I ask twice he ask me for my license which I don't have I told I didn't have one and he went to his car and ran my name and came back to my car and told me do you know why you don't have a license and it is because you have 2 DWI then he ask me if I Ben drinking I told him no as soon as I say that another govt officer with a mp got behind his car and they ran to my car and he told me the reason why they pull me over was because i was in the middle lane they ask me to blow and I told him no he arrest me take me to the station and don't do blood or piss test or make me take a sobriety test at all . don't lock me up either . Good case

Attorney answers (5)

  1. Ernest Clarke Dummit

    Contributor Level 13

    8

    Lawyers agree

    1

    Answered . In addition to the possible criminal trial you need to be certain to request a hearing at the Division of Motor vehicles to be certain that you challenge the civil revocation. Even if you did not have a valid licence you need to request the hearing to preserve you rights.

  2. Scott Christopher Nolan

    Contributor Level 9

    7

    Lawyers agree

    1

    Answered . It is impossible for any attorney to evaluate your case fully based solely on the facts as you have stated them. You were absolutely correct not to do any field sobriety tests - never do those.

    First of all, what were you charged with? You might have a very good DUI / DWI case if you performed no field sobriety tests or blood/breath/urine tests. On the other hand, you might have been so obviously drunk that those things aren't necessary to convict you. We can't say without more information. If you have been charged with a DUI or DWI, talk to a local DUI attorney immediately.

    I'm certain you were charged with Driving on a Suspended License. You almost certainly have no good case on this charge, but should again discuss it with an attorney who can ascertain all the necessary facts.

  3. John Paul Thygerson

    Pro

    Contributor Level 17

    7

    Lawyers agree

    Answered . consult with a JAG attorney asap.

  4. James Baxter Blanton

    Contributor Level 5

    5

    Lawyers agree

    Answered . Were you charged for an event that took place on Ft. Bragg or something that occurred within the city limits of Fayetteville? This is an important issue that your lawyer needs to learn. There are many military bases in North Carolina. Depending on the area, the federal government may have jurisdiction (the ability to charge you) or the State of N.C. may have jurisdiction. In some areas, both may have the ability to charge you. This is an important issue that needs to be clarified.

  5. Sonila Isak

    Contributor Level 9

    6

    Lawyers agree

    Answered . Although you did not cooperate or comply with any field sobriety tests they very well may have a solid case against you. This is completely an issue of fact. The issue will be based on a totality of circumstances regarding your physical condition and signs on which burden of proof that you were intoxicated lies with the moving party. This would be the state/prosecutor. Consult a defense attorney asap.

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