Asked 4 months ago - Lynnwood, WAFlag
I was denied the ability to do a Breathalyzer . I have DEGENERATION DISK DISEASE and have a disabled driver's license with a plaque on my mirror . I did a field test but am physically unable to have my eyes track correctly , I can't tilt my head back because of neck plates , I have a plate in my ankle so I can't stand straight . The officer never put me under arrest but asked me to come to his police car to take a blood test . There is NO WAY I was going to take a blood test in his police car . I asked to call my lawyer and he wouldn't let me . He had my car towed even though I was a block away from home ( where they've pulled me over constantly since the death of my daughter harassing me because I got a lawyer upon strange accusations after ) much more to this story . . . . PLEASE HELP ! ! ! ! !
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That's going to be a very interesting DUI case. There is no way to answer all your questions on Avvo. You need to get a few free consultations with local attorneys. There are some key facts missing, such as whether the cop read you your implied consent warnings, rights and other things, that cannot be ascertained until your attorney gets a hold of the police reports, meets with you, and does some research. I think you likely have some basis to challenge the DOL suspension of your license. Because it is technically a refusal, the DOL can revoke your license for 1 year. You can ask for a hearing in order to challenge the suspension, which I'd advise you to do. You should have received paperwork from the cop on how to do this. Send it in within the 20 days and hire an attorney to represent you on it.
In a couple months, you will likely be charged with DUI and the court will mail you a summons to appear. If you don't/ can't afford to hire a private attorney on the criminal charge, at least get one for the DOL suspension hearing, as you have some issues here and are looking at a long period of revocation.
FYI- it's mandatory that the cop tow your car if you are arrested for a DUI and that a 12 hr hold is placed on it. The law does not give police the option of leaving it. I've had cases where it was towed from the person's driveway. It doesn't matter where the car is, so don't blame that one on the cop.
I agree with the previous two answers. With the facts you mentioned, this could be a case with strong facts in your favor. As with any case,however, you need to look at all the facts & that will only happen once we have access to the police reports.
Ask for the DOL hearing by filing your request within 20 days of the stop. The police officer should have given you a hearing request form. Have an attorney fight the DOL hearing for you. Do NOT plead guilty to this offense. Have someone like myself help you with it.
The Cahoon Law Office, PLLC
Sounds like you have some very interesting and REAL issues in this DUI, personal disabilities that aid you in your decision making and reasoning for what you have done. You need to get an attorney to explore all of these issues and reasonings and put you in the best light possible for the State and then possibly for a jury. Get an experienced attorney now. I am not close enough to feasibly be your attorney seeing that I am in Moses Lake and you live in Lynnwood so I assume the matter is on the coast. There are a number of skilled, experienced attorney in your local area that will do a great job on your case. If you can 't afford a private attorney then ask for a PD for sure and explain your issues. Good Luck to you.
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