Legal Question in Traffic Law in Virginia

i was stopped for a dwi the first meter did not work right so they had to get another one i asked them for a blood test and they refused, at the police station they told me that i was not blowing right into the meter and i had to do it three times again i asked them for a blood test they refused to give me one will this help my case also they did not read me my rights

thank you


Asked on 3/29/10, 12:18 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

The "three blows" into the breathylyzer machine at the station might help your defense if one or more of the results were substantially inconsistent with

the others. Otherwise, probably not (in my opinion).

The failure of the arresting officers to read you your Miranda rights

is not likely to prove of any consequence in a DUI case.

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Answered on 4/03/10, 6:23 am


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