I got arrested and given a DUI, I was stopped because they told me I was driving slow on a 65 mile per hour limit area. That all the cars were passing me by, I usually drive 60 on the freeway and every car passes me by anyways and even trucks. I feel he did not had probable cause to stop me unless he has a way to proof I was driving to the speed he told me I was driving, which is 40mph. I was not driving at that velocity and yet he stopped me. Then he made me do the SFT knowing I had knee problems, though I believe I passed the tests since i did whatever they told me to do. Reality is that i was very tired and not drunk. I refused to get a brethalizer test and wanted a blood test. I was taken to a hospital and they draw my blood there. I got stopped around 2:30 and did not draw the blood until 3:30 am. They took me to county jail and I told them why where they arresting me and the two cops and the jailer told me that it was because the officer felt I was above .08 due to his experience and observation. I told them I was not drunk and wanted to leave and they told me they couldn't do that because I was a liability for them if something happened to me. They threaten me to sign docume
You do have a probable cause argument. The cops have to prove you were actually blocking traffic. Hire an attorney.
I am licensed attorney in Washington and California who focuses Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
It sounds like the cops were doing the usual arrest now and let the courts figure it out later routine.
In order to release you, you do have to sign that you will be in court. There is documentation you have to sign and when it comes to the blood test, if you don't sign that paperwork, the DMV may deem you to have regised and take away your license bo matter what happens with the court case.
As far as their claim of liability, there is some truth to this. Hypothetically, if they allow a person out who is intoxicated, not you just in general, if that person hurts themselves or someone else, the police had a responsibility to prevent that from happening when they arrested the person and now they are negligent for releasing them and liable to be sued for damages. This is why cops are usually extra cautious on releasing a dui suspect early. There was no breathalyzer in this case so they are basing this on the officer in the fields observations which could be incorrect.
But all hope is not lost. There may be a dash cam video showing your driving which could show the officers were not being truthful, and/or the evidence may show that you were not driving under the influence.
Make sure you hire an attorney who has a lot of experiance with DUIs and the courthouse your case is assigned to. It can make all the difference in the works.
Sorry to hear about your situation. The good news is that if it was CHP or LAPD that pulled you over, there will be a Video from the MVARS (Mobile Video and Recording System) that will show exactly what your driving was like.
Did they take your license and give you a Pink APS Temporary License good for 30 days? If so, the officer felt that you were over .08% BAC. Did they say they smelled alcohol? The good news is that if you had nothing to drink, the blood test will come back .00%. The danger is if you had taken any drugs, prescription or otherwise, they can now test your blood for the presence of drugs. Also, if they took your license, you only have 10 days to request a Hearing to save your driving privilege. Then, if the blood comes back below .08%, you get your license back!
As far as court is concerned, if drugs are found, they will probably file a DUI-Drugs against you. These are very hard to win without there being a traffic accident.
In any case, i would advise you to consult in person with an experienced criminal defense lawyer immediately to better analyze your case.
You are correct the stop may not meet constitutional standards, you should contact a local DUI defense attorney to discuss the facts of your case, possible defenses and likely outcomes.
This answer is not legal advice, it may not even be relevant to the question answered, it definitely is does not establish an attorney/client relationship.
I would agree with my colleagues that this sounds like a pretty standard DUI arrest.
It would be a good idea for you to Contact an attorney there may be grounds together to Smith's on the probable cause to stop and like my colleague said you can subpoena the - camps if you looking to fight this your best route is by and through an attorney because remember you're fighting not only the courts but the department of motor vehicles you should at least take advantage of the free consultations that most attorneys offer
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