I never got a field soberity test done at all because I refuse to blow they took me to the station and never read my rights?

Asked almost 2 years ago - Fayetteville, NC

I was pull over by a mp which is a post police officer but it was 1.3 miles after I left post the policer officer ask me for my dl and I told him I dont have any he went back to his car and came back and told me that I had a dwi in 2007 and they ask me if I was drinking I told him why did you pull me over as that happen another mp car came up to the scence and he came to the car and told me the reason why I was pull over was because back on knot st I swirl I say no and why are you tell me this you didnt stop me he did they ask me to get out of the car I did the police officer search my car and the 2 ask me to blow I told him no twice that is when he arrest me for dwi never read my right never made me take a field test

Attorney answers (3)

  1. Dustin R. T. Sullivan

    Contributor Level 14

    3

    Lawyers agree

    1

    Answered . You have some great issues for trial. You need to speak to a local experienced DWI attorney. Call around and retain an attorney if you are able prior to your first appearance. Ask the attorney if they believe the office has reasonable suspicion to ever pull you over. If so, you need to attack the lack of probable cause to arrest for DWI. Sounds like you have a good case. Good luck!

    Call Trial Attorney Dustin RT Sullivan at (910) 508-2200 or visit us at www.sullivansnowlaw.com to find out more.
  2. Damon John Chetson

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Police are not required to read you your rights unless they wish to ask you questions while you are in custody. They are not required to administer field sobriety tests - those are entirely within the discretion of the police and will depend on how much information they believe they had at the time to convict you.

    Raleigh criminal lawyer Damon Chetson represents people in Raleigh, Cary,... more
  3. Jim Mitchell Medley

    Contributor Level 15

    2

    Lawyers agree

    1

    Answered . Did they file your case in State or Federal court? It can make a difference what options you have.

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