dwi, but not pulled over in my car
i was driving home from the bar last night, when a car flew up behind me. i thought the car might have been heading up a little fast so a proceeded to move a bit to the shoulder, after the car behind me slowed down i got back back in the driving lane and proceeded to dive. after about 30 seconds i relized in was a police car so i immediately pulled off the main road and headed to the nearest gas station. i pulled up to the gas station went in bought a bottle of water and was approached in the store by the police officer. he said my breathe smelled of alchohol. i stated i had a few beers and he asked me to call a ride. my ride showed up, who himself had one beer and the officer proceeded to give us field tests. i did blow and was taken to the police station with a .12 alchohol test. now since there wasnt reasonable doubt to pull me over in my car but wait until he smelled my breathe, is there a chance i can fight this?
3 Answers from Attorneys
Re: dwi, but not pulled over in my car
Interesting issues there. I would certainly need further details to determine whether there was sufficient Probable cause or even reasonable suspicion. Sounds like you were not pulled over though, from what I gathered from your statement. You pulled over yourself to buy water and the officer approached you at that point in the store. Did he keep you within sight the entire time? He states he smelled alcohol on you, but I don�t know if he had enough that you were even influenced by any alcohol because, well, he did not pull you over. Smell of alcohol may not be enough by itself ... (I don�t know if it was a strong or moderate odor). I would need more details, the police report and I would do solid research on all these issues. You would do well for yourself to immediately take an alcohol evaluation and finish your classes BEFORE court. You did not blow terribly high, so you've probably got a good shot at unsupervised and a PBJ (no Conviction) if you are finished with the alcohol classes before the trial date. You should also stop drinking and bring letters from important people in your life that they have been with you and you have not had any alcohol, if that is in fact the case. I'm also presuming this is a first and you have no priors... I believe I can help you. you can reach me on my website or by email to make an appointment ([email protected]). I wish you well either way. -AP (www.PishevarLegal.com)
Re: dwi, but not pulled over in my car
You question focuses on reasonable suspicion and an assumption that the officer needs to "pull you over" when and if this suspicion arises. The fact is that you were in the store and thereby provided a basis for the officer to articulate reasonable suspicion (that is the smell of alcohol.) The begging question is "would the officer have recalled your vehicle or you from the prior incident when apparently he was exceeding the speed limit and how much time elapsed since then?"
The actions of the officer to ask someone to come pick you up and then to apply field sobriety tests and/or the breathalizer is not of normal procedure. You should speak with an attorney.
Re: dwi, but not pulled over in my car
The officer MAY have had reasonable suspicion to stop you, however, I would need to get alot more information from you regarding what happened. You can contact me directly by either method below.
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