I pulled over
I pulled over unaware deputy was behind me. He did not engage his lights he called in possible broken down vehicle {2005 buick onstar equipped)approached my vehicle rolled the window less then half way asked if I was okay I said yes he said he smelt alcohol etc I refused all tests
spent night in jail.Is this consenual consent stop and what are my options. Never got a traffic ticket I am over 30
2 Answers from Attorneys
Re: I pulled over
Sounds like the officer was making a consentual encounter and not a traffic stop of your vehicle. However, you may want to have an attorney review your charging report to discuss your possible legal issues. Should you want to discuss your case in greater detail, my office offers free consultations.
Re: I pulled over
I would need to know when this happened and the exact factual pattern to begin to see if it was a consenual encounter(was the officer aware you had requested help?)It sounds like the officer didn't have legal cause to initiate a dui stop.I would need to know whether you were drinking and how much that night to help you evaluate your options.
If you e-mail me the info or call me I will review this matter in greater detail.