The facts you have related raise numerous issues concerning probable cause for the stop, the officer's decision to administer the field sobriety tests and his decision to arrest you. These issues need to be addressed by an experienced DUI attorney. You would have little, if any, hope of litigating these issues without one. Not to mention, with a refusal the government would be saddled with the burden of proving (beyond a reasonable doubt) that alcohol affected your ability to operate a vehicle. Speeding alone may not suffice. You need to speak with a DUI lawyer immediately, since you will soon encounter deadlines that will bar some of your defenses. You also can appeal the refusal suspension if you act soon enough. Consult a DUI expert who handles cases on a regular basis in the court where your charge has been filed.
Dan J. Weisenburger
Attorney at Law
Primary issues that will need to be addressed before a trial: 1) did he had the right to stop you, speed measured by laser/radar? Was he trained? Was the unit calibrated? Did he operate it properly? 2) Once he stopped you did he had reasonable suspicion to have you take the field tests, the officer will need more than just seeing you leave a bar. 3) Did he administer them correctly, according to the NHTSA guidelines (people with back, leg, or middle ear problems may not do well on the tests) (they should be administered on a reasonably dry and level surface)? 4) Was there probable cause to arrest based on the totality of the circumstances?
Some potential problems: Under 4510.12, operating a motorcycle without a valid endorsement is an misdemeanor of the 1st degree - an arrestable offense. If you are on federal parole, you may have diminished search and seizure rights, although that may not come in to play here.
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