Retain an attorney to defend the DWI. Discuss with him/her the circumstances of the arrest. Do not post anything else here.
The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
The fact of the matter is that a policeman can arrest you for anything. The question that remains is will the DA formerly charge you will a DWI after the case is screened You will find out in due time. I am curious to know if you blew into the breathalyzer. Of course, the officer had not legal right to open your car and take pictures -- but cops usually do whatever they want and then tell half truths and lies in police reports. This is probably one of the most frustrating aspects of my job. You definitely need to hire an attorney. I would also hire someone who has advanced training in DWI Defense. Attorney's skill and technical knowledge will go a long way in this case. Good Luck!
This communication is for information purposes only, not legal advice. No attorney client relationship is form.
With these facts you need to consult with an experienced DUI attorney. There are many good ones here on AVVO. Just select "Find a Lawyer" at the top of the page. Good luck.
This is not intended as legal advice. No attorney / client relationship exists because of this response.
You have a good case with very interesting issues. You need to hire an attorney as soon as possible.
Don't discuss this case on this forum or with anyone else until you consult with an attorney.
This post does not constitute legal advice and shall not be construed to create an attorney-client relationship. Every case has a unique set of facts requiring individualized attention.