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I was arrested for DWI on what I think are bogus claims.

Buffalo, NY |

I was driving on the road at 2:45 A.M because I was hungry and wanted to get some food. I got pulled over for god knows what "ticket says failure to keep right" (even though I was in the right turn lane the whole time).

When the officer came to my car I had my license and registration ready for him. I must confess, I have a distrust for police because I think they often overstep their boundaries. I only opened the window 3 inches. He asked me to roll the window down further, and I said "is that an order or a request?" He responded with "I'm asking you to roll your window down". I said "no thank you, do you want the license /registration or not?" and he finally took it. He must of ran the license, found that it was clean. Asked me if I've had anything to drink tonight.

I told him "I don't answer questions" . Truth is I didn't have anything to drink. He asked me then to get out of the car. He stated an order. I asked him "Am I being detained or am I free to go?", Detained. So I get out of the car.. He asks me to blow in the breathalyzer, I say No thank you. He asks me to watch his pen, walk a line, stand on one leg, and say the alphabet. All of which I did fine in my mind. I was unaware i could refuse these too. He put me in handcuffs (not arrested yet) takes me to the police station. Tells me I have to take a chemical test according to my license, and if I don't I'll lose it for a year. tells me i'm arrested. I take the test because i didn't want to lose my license. My BAC was .000 according to the "big breathalyzer" They asked me to do it a second time. Still 0.000. Had me sit in a holding cell.... Released me with "DWI, Failure to Keep Right, Refusal to take Breath test". My car was impounded, I have these bogus tickets, and upset.

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Attorney answers 9

Posted

Your question is very short on information. I suggest discussing the case with a criminal defense attorney to discuss your options. Good luck.

I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

Asker

Posted

Take a look now. I added additional information, it avvo didn't allow me to write more.

Posted

A bit more information is needed here. Were you asked to do roadside tests? (Walk and turn, finger count, etc..). Did you submit to a breathalyzer?

When you are arraigned, you will be given a bill of particulars. This will outline reason for stop, officer observations, test results, etc. This is a critical document and will provide a wealth of information and possible defenses.

Asker

Posted

Sorry, I kept trying to add additional information, but it stated it was too long. It is posted now as full as i can add.

Posted

Your attitude didn't help. People need to be on their best behavior when stopped by the police. Have you been to court? If so, what are the allegations in the complaint? Did you do sobriety tests or a breathalyzer? Retain a good criminal defense lawyer who knows how to handle a dui case.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Posted

It sounds like you got charged with an "observation" DWI. Impairment can be proven by the cops' observations [i.e. marijuana would not come up on the breathalyzer, but would still considered impaired]. Do not try to fight this by yourself. You need an attorney to review the paper discovery and advocate on your behalf. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

Asker

Posted

Someone told me this, So i took a blood test/urine test the next day. Can I fight this myself with the right evidence? I don't feel like paying $2000 to have somebody say exactly what i'm saying.

Matthew C Simon

Matthew C Simon

Posted

Not to be rude, but you do not have the legal experience to know what documents to request, what to look for in the records that you receive, or how to perform a trial. The State will have an experienced attorney doing everything he or she can do to find you guilty. The cops will be well prepared and trained how to testify, and probably will not be doing you any favors based on the description of how the incident occurred. A crucial tactic is pre-trial motions to limit/exclude evidence. Without completely overwhelming you, this is very complicated stuff - even for an experienced attorney. Your record/freedom is worth the money.

Asker

Posted

I respect your opinion, and you're probably right. But I've decided I am going to go through it myself. And if I don't "win" appeal it with an attorney. Or contact the ACLU or something.

Matthew C Simon

Matthew C Simon

Posted

An Appeal is MUCH more expensive and you are A LOT less likely to win. With that being said, be well dressed and be prepared. Good luck.

Asker

Posted

Thank you.

Posted

Police officers do often overstep their boundaries and he was probably fishing for a drunk driver. But the fact is that people who are less than cooperative and forthcoming often appear as if they have something to hide. The case against you is weak, and with the right representation, will probably be dismissed, but you would have saved yourself the headache if you had just blown on the breathalyzer. After that, he would have had no probable cause to charge you.

Asker

Posted

My problem is we don't live in a police state. Why should I give access to my person if I have done nothing wrong? Just living life according to the 4th amendment.

Marco Caviglia

Marco Caviglia

Posted

Too bad people feel much more strongly about the 2d amendment than the 4th amendment. More Americans should have your attitude.

Posted

First, you did almost everything perfectly except take the sobriety tests. The zero readings should have resulted in his releasing you, not charging you. It seems you were arrested for bad attitude, which is subjective. I am not sure what your question is, but you have a basis for complaining and perhaps even false arrest. If you pursue the latter, you have to file a claim within 90 days. But discuss the ramifications of this with the criminal defense attorney that you are compelled to retain because of this.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

Asker

Posted

That is probably good advise. I was planning on going to trial alone and defend myself out of principle. But if I can file a claim for false arrest instead I may just do this with an attorney.

Marco Caviglia

Marco Caviglia

Posted

Get an attorney for the DWI because things can easily go wrong defending yourself, and one has no business defending himself in a criminal case, believe me.

Posted

As my colleagues suggest, complete information is needed before an informed opinion can be given.

Take the time to retain an experienced DWI firm in the Buffalo area. review your case fully with your attorney. He or she will be able to explain some factors in your case that are troubling or confusing to you, and will also be able to formulate an effective defense.

Good luck to you.

Christopher I. Simser, Sr.
Anelli Xavier
Syracuse - Albany - Rochester - Buffalo
I-800-DWI-TEAM

Posted

You are charged with a serious crime, and you should not attempt to defend yourself in a criminal court without counsel. I can give you the names of a few colleagues who might be interested in consulting with you.

This communication is intended only to provide general information. No attorney-client relationship is created.

Posted

It sounds like he charged you with DWI just because he was annoyed that you didn't roll down the window. If you blew a .000 on the breathalyzer, this is probably a case that should go to trial. He won't be able to cover up the results of the test because they usually get transmitted to Albany.