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I was arrested for DWI after my car broke down and I tried to call a tow truck but a cop came first, my car was dead and I was

Waldwick, NJ |

not pulled over by the officer my vehicle was off at the time of his arrival and I was outside of my car when he approached me. I was given field sobriety tests but told the officer that I was trying to have my car towed since it was broken down but he treated me like a criminal from the get go. I was not arrested until we were at the station but I was arrested before they gave me a breathalyzer which I did fail by blowing a .16. My question is was there probable cause for him to take me and arrest me or is there some dirty police work on his part?

Attorney Answers 8

Posted

Without having an opportunity to review the police report submitted in support of the arrest I'm gonna hazard a guess as to what is in the report; "Odor of alcohol emanating from the operator, admission of drinking earlier, failure to perform the field sobriety tests to standard, bloodshot glassy eyes, difficulty producing documents, agreed to take the tests and failed breathalyzer etc. etc. etc.". That being said, you absolutely need to retain an experienced dwi attorney in your are to explore all avenues of attack against the state's evidence.

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Asker

Posted

they actually never even asked me for insurance and registration only my license which i did provide for them... They basically detained me and took me to the station but did not declare that i was under arrest until later at the station after they made me perform more tests and finally the breathalyzer

John Paul Thygerson

John Paul Thygerson

Posted

And thats why you need to sit down with an experienced attorney so as to ferret out all of the information which could be used to attack probable cause.

Asker

Posted

Yes I am definitely going to attain an attorney as this just happened last night as you can see right now I'm desperate for expert knowledge in this matter because my every day occupation entails of me driving at all times.

Asker

Posted

thank you for your quick responses sir I highly appreciate it. To know that lawyers would actually take the time out and share some knowledge for not even a penny is amazing and I wish you the utmost continued success with your career.

John Paul Thygerson

John Paul Thygerson

Posted

And I wish you the best of luck.

Posted

DWI's are very challenging. Police get a lot of wiggle room. I usually obtain all the discovery and then see if there is anything that can be challenged. Your facts point both ways. For example, the fact that you were the only one by the car is circumstantial evidence that you were the driver. On the other hand, if there was a bar nearby you could have gone for a drink after the vehicle was inoperable. Those are just two scenarios. A consultation with an attorney is necessary. I wish you luck.

Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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Posted

there was a passenger with me

Asker

Posted

and the best part is they also gave me reckless driving and like i said my vehicle was off and i was pulled over on my own

Asker

Posted

they never breathalyzed the passenger with me either what is to stop us from saying he was the driver?

Yolanda Navarrete

Yolanda Navarrete

Posted

The state needs to prove who was operating the vehicle and you both have the right to remain silent.

Asker

Posted

okay i really appreciate your quick responses thank you so much

Asker

Posted

i wish you continued success with your career and appreciate the fact that you took the time out to share knowledge for free for a profession that typically charges for time.

Yolanda Navarrete

Yolanda Navarrete

Posted

Thank you for saying this. I wish you success.

Posted

You need to sit down with an attorney to discuss this case. There is nothing wrong with an officer stopping to see what is happening when a car is on the side of the road waiting for a tow truck. I would be curious what led him to decide to test you. I am assuming that he will say he smelled alcohol, saw your eyes were red, voice slurred etc. Regardless, this should be reviewed by an attorney. Hire one as soon as possible.

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Asker

Posted

all though id rather have a reckless driving charge than a dwi.. what are your thoughts on the reckless driving ticket being that i was not operating the vehicle and was not actually "pulled over" by the cop

Michael Lawrence Doyle

Michael Lawrence Doyle

Posted

You need to discuss this with an attorney and see what can be done once all the facts are collected. The prosecutor would rather have the DWI conviction. For that reason, do not expect them to give you the reckless just because you were already pulled over. There may be defenses, but without reviewing everything, it is impossible to determine what those defenses are.

Asker

Posted

understood thank you for your quick responses and i wish you nothing but success with your career.

Michael Lawrence Doyle

Michael Lawrence Doyle

Posted

Thank you and good luck with your case.

Posted

Make sure you keep the repair records from the car so that you can prove that it was not operable at the time the police arrived. You may need to bring the mechanic in as well. Also did you admit to the officer that you were driving at any point. The matter may be on video.

John Ducey
732-458-5600

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Posted

i do not believe that i admitted to the officer that i was driving at any time nor did they ask the passenger who was with me whether he drove or not and they did not perform any sobriety tests on him either

John George Ducey

John George Ducey

Posted

ok if thats true you have a great operation argument.

Posted

You appear to have some valid defenses but I would need to see their discovery to see what they have to support their case. You need to hire an attorney asap.

This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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Posted

Much more information is needed to evaluate this case. However the police were doing their job. They have what is called a "caretaking" function. This will cover their actions based on your post. They likely smelled alcohol and reasoned you had operated the vehicle in that condition. A case State v. DiFrancisco may help here. They have to prove the condition existed at the time of operation. Were their open containers in the vehicle? Or a bar nearby as a colleague asks? Can you establish the vehicle was disabled on the road for a long time? What did you say to the cops? Did you admit driving? All these topics and more need to be examined. Call with more information.

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Posted

You can only be charged with DWI/DUI if you were driving or in actual physical control of your vehicle while either having a BAC of .08 or more and/or while your normal faculties impaired to the point that you couldn't safely operate a motor vehicle. You don't appear to have been observed in either situation. However, as other's have written here, the police report must be examined. Cases tend to look their best when being described by the accused. Consider hiring a good local DWI attorney that can go over the specific facts of your case.

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Posted

My colleagues have all offered sound advice. I advise you to speak with an attorney who can help you prepare your defense. Remember, there is no plea bargaining in NJ on DUI cases. Prosecutors cannot "give you a good deal" or ANY deal. Your best bet is to hire counsel who can defend you.

Under these facts, there may be enough to raise sufficient doubt as to whether you operated the vehicle while under the influence. Without access to the police report and statement of the arresting officer(s) it's impossible to say for certain.

Again, I suggest you contact an attorney. A 1st DUI conviction will consist of a license suspension and hefty fines, as well as the possible imposition of an interlock device. Your ability to get to/from your job may be significantly impaired as well.

The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client relationship. If you feel you need to speak with an attorney regarding your issue, it is recommended that you contact an attorney with expertise in your area of inquiry. The information related above is purely for informational purposes, and should not be acted upon without speaking with qualified counsel familiar with you specific situation and the laws related thereto.

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