Legal Question in DUI Law in Pennsylvania
Asked to take a breath test over and over again after a questionable traffice st
I was driving home and was following a car up to a stop sign. The car stopped and proceeded forward, and stopped again. I pulled up to the stop sign, right behind the line and properly stopped, looked both ways, saw no traffic and pulled out right after the car in front of me. I was then pulled over for running the stop sign. I was drinking, and I did tell the officer so when he asked me. I then had to do a series of sobriety tests, and I passed them all with ease. Then the I was given a breath test. I followed the officers instructions but he continued to make me take the breath test. Over all I counted 11 times that I took the test, after every time the officer would threaten to ''take me downtown''. Then he told me that I blew a .050, legal limit .080, and told me to call someone for a ride. My ride showed and the office told him that he was cutting me a break because I blew a .070 and he could get me to fail it at the station. On the citation it the officer wrote that I blew a .067 and only wrote me up for not obeying traffic signs. Should I fight this? Can he make me take the test over and over again until he's happy? Can he lie like that?
2 Answers from Attorneys
Re: Asked to take a breath test over and over again after a questionable traffic
The statute of limitations will not have expired by the time a hearing for your traffic citation will be heard in court. While "testilying" can be frustrating the risks of fighting the ticket and having charges added greatly outweigh the penalties to pleading gulity associated with the traffic citation. I offer free consultations.
Re: Asked to take a breath test over and over again after a questionable traffic
Well, you have ask a significant amount of questions, but yes you are entitled to your day in court, is it worth it, depends on your perspective, I always recommend fighting any criminal or traffic citation, simply because it is up to the Commonwealth to prove their claims not you, and that is what you do by simply pleading guilty. If you wish to discuss this in more detail I can be reached at 412.731.0865 and www.AlleghenyAttorneys.com
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