officer lied in arrest report. As per three phase requirement in FST manual, officer wrote in report that vehicle was in motion and then he told to stop, but it never was in motion. No fst done, arrested without miranda. bac was 0.09.
There do seem to be issues with the case but an outright dismissal is unlikely based on what little you have told us. You seem to have leverage to negotiate a favorable plea or a solid chance at an acquittal. Make sure to give yourself the best odds by hiring a competent attorney.
Much more information is needed to opine on this post. Anytime the defense is "the officer lied" the defense is at a disadvantage. You must try to preserve any video that will corroborate your version or radio tapes that many assist. The vehicle does not have to be in motion, the issue is “operation” of the vehicle which is either a present intent to do so in the condition observed or having driven the vehicle in such condition. The FSTs are not required but make it more difficult to prove an observation case. The .09, if admitted, will prove a per se case.(but only a 3 month max suspension on a first offense). The chances of a dismissal are slim but the chances of acquittal may be good. Call with more information.
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