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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 ?

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

Posted

consult with a JAG attorney asap.

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Posted

What kind of answer is that I have a attorney he told me that there is alot of gray areas in my ticket

John Paul Thygerson

John Paul Thygerson

Posted

My apologies. I didn't realize that my free advice wasn't up to snuff. But, since you already have a lawyer who has analyzed your case in greater detail than can possibly be done on this open website, my question to you is why are you second guessing your lawyer by seeking answers from attorneys with whom you do not have a confidential relationship??? The answers here are general precisely due to the lack of confidentiality. So, if you truly seek a second opinion call an attorney and make the time available to sit down and discuss your case at length. How's that for a better answer?

Posted

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.

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Posted

i didnt do no test i was charge for a refuse and driving without a lincese it was federal land plus the officer neverdid anything and they dont have me on camera either nothing

Posted

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.

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Posted

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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Posted

I refuse a test they didnt ask me to do the field sobriety test all he want me to do was blow and they dont have me on camera either no blood test or piss test

Sonila Isak

Sonila Isak

Posted

The fact that you they did not ask you to do a field sobriety is not of concern to me. The officers observations the night is question are the issues of fact. This would be what he perceived through his knowledge, experience, and training in the performing DUI/DWI stops. Such as smell or odor of alcohol. Your ability to stand on your feet. Your speech. Your responses to questioning. However, it is not a make or break if they didn't ask for a field sobriety. Consult a local attorney. This is a very serious situation.

Posted

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.

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