What if i wasnt driving my car just trying to get it started because it ran out of gas and was not allowed to call someone

Asked over 2 years ago - Savannah, GA

was at store buying wine when i came out, my car would not start i got a can and walked past the officers into the store topay for my gas, got my gas and went back and put it in my truck., as i was trying to crank it three cop cars pull up and ordered me to stop which i did, i took the field sobriety test even though i informed them i couldnt because of my damaged sacrial nerve in my lower back, they told me i had to blow into a tube and said in their experience iwas under the influence, and under arrest, and i told them i wasnt driving could i call someone and was refused and arrested! Im trying to keep my job as i have no where else to go if i do!!!

Attorney answers (4)

  1. A James Rockefeller

    Contributor Level 15

    12

    Lawyers agree

    Answered . DUI cases are an area where a good defense attorney can definitely make a difference. They are not always easy cases for the State to prove. As well, there is always the "there but chance go I" thought that has to permeate a jury's decision.

    The FST are often not that important, as they really have nothing to do with driving a car. The only one that might have soime impact with a jury is the Horizontal Gaze Nystagums eye test. In theory, it shows a bit what is going on with the brain. Now, if someone is falling down drunk, first, the FSTs are not supposed to be given, but if they are, they will coinfirm someone is falling down drunk.

    The "stop" is often the most important part of a DUI defense, e.g., was the stop legal? This is something that has to be viewed from the facts of which the officers say they were aware. Your post does not say what this might be, however, I wonder how the officers could possibly have thought you were DUI with no driving pattern to observe. This might be something your attorney can use to have your charges dismissed or reduced.

    There are also issues with respect to Administrative License Suspensions. You have to make a request for a hearing within 10 business days of your arrest or your license can be administratively suspended. Although, even if it does, you can use the work permit process to still be able to drive.

    So, the point is that you need to find yourself a decent DUI defense attorney. This is just the type of the case that one might be able to do some good. Best of luck to you!

    The information is for general information purposes only. Receipt of this information or e-mail from our website,... more
  2. Kimberly Keheley Frye

    Pro

    Contributor Level 12

    8

    Lawyers agree

    Answered . Your case hinges on what the officer actually saw regarding you and your vehicle. The State has to prove you were in actual physical control of a moving vehicle. The outcome may also depend on whether the Court considers the stop of your vehicle a stop or just an encounter to begin with. Seek an experienced local DUI attorney in your area. They can help determine the best defense for your case under the facts. Don't delay as your license could be suspended based on the arrest.

  3. Elmer H. Young III

    Contributor Level 15

    6

    Lawyers agree

    Answered . This case sounds strongly circumstantial. Because of that there may be room for suppression of some damaging evidence.

    I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta,... more
  4. George Chadwell Creal Jr.

    Contributor Level 12

    Answered . The State is required to prove actual physical control of a moving vehicle. It does not sound like the police saw the vehicle move, but it had to get to the gas station somehow. The State may be able to prove by circumstantial evidence that you drove to the gas station and did not drive after driving ended. The DUI law only requires that you are over 0.08 within three hours of driving. Hire a local DUI lawyer to help you. There are many qualified DUI lawyers that work in the Savannah area.

    No legal advice should be obtained from this response alone. This response is a matter of attorney opinion only.... more

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