2nd offense underage drinking and driving
Recently I got pulled over because
some one littered out of my window.
The cop was angry and because no
one admitted to it, I received the
ticket. I was sober cabbing and had
not drank anything but when the cop
gave me a breathalizer he said that I
blew a .01, refusing to show me, let
me retake it, nor did he write it on
the ticket. I'm not guilty of this
charge, How can I get it dropped
especially with it being my 2nd
offense....?
1 Answer from Attorneys
Re: 2nd offense underage drinking and driving
There is no simnple answer to your question. You would have to contest the charge in court as part of a Rasmussen, pretrial, hearing and, perhaps at trial. As part of that process, the officer could be cross examined on the stand aas to his reasons for even seeking a test. The officer must have a reasonable articulable suspicion that you have consumed alcohol to even request the test. If that reasonable suspicion was lacking, the test may be suppressed.
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