can I get my driving priveleges if I fight it?
I was pulled over for not slowing down when passing a officer on the side of the road. I did not do a field test on the road only a pen test in his car and blew in his car. I asked for the results and he refused to tell me. Is the way I was pulled over wrong. I don't see how that would lead to making me get in his car and take a breath test or pen test. And why wasn't the field sobriety test done right there and then. can I fight this? I already have a dui in Il. and cannot loose my liscence I need it to work and if I cannot work I have no place to live because I am a live in nanny? I refused to take the bac at the station. Ia lso refused to sign it because I felt my stop was unjustified.
2 Answers from Attorneys
Re: can I get my driving priveleges if I fight it?
Yes, you can and should fight this allegation. Even if you were guilty of the offense, if you challenge the outcome you may be able to get a better dispositon than you might have received by pleading to the original charge.
Your not did not state the jurisdiction so I cant address your situation exactly. However, timing is often crucial to preserving your rights. You should contact an attorney as soon as possible to start the process.
Thomas Sandifer
314-725-7776
Re: can I get my driving priveleges if I fight it?
The basis of your stop sounds suspect at best. This traffic violation really has nothing to do with DWI.
Additionally, standardized field sobriety tests must be administered exactly according to the officer's training or they are invalid. It sounds like the standardized field sobriety tests were either not administered, or performed incorrectly.
What basis did he have for giving the Portable Breath Test in his vehicle?? Did you admit to drinking?
We represent clients across the state of Missouri for alcohol-related driving offenses. Do not hesitate to contact us if we can help you.
Matt Guilfoil, [email protected]; http://missouri-dui-dwi-defense.com.
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