4 ms·
I was charged with a DWI a year ago. The case is still going through the court system. I was pulled over for speeding, going 36 in 35. Yes I am serious, one mi
by rocky12 8y ago
I was charged with a DWI a year ago. The case is still going through the court system.
I was pulled over for speeding, going 36 in 35. Yes I am serious, one mile over. But this wasn't surprising to me, I am a young Hispanic man so this is a normal occurrence for me.
First thing the officer said was "boy you look nervous". As most adults pulled over by police feel. I handed my license and insurance over. The license had my old address the insurance had my most recent. He asked? "Is this your address", "yes", "why is the address different?", "because I moved a couple of months ago and have not had time to drop by the DMV", "Step out of the car sir"
I refused the field sobriety test but offered a breathalyzer. I blew a .034, that's less than half the legal limit.
He asked more questions, I answered but was short and untalkative.
He ended up arresting me. I asked him, why if I blew half the legal. He gave me three reasons. One; I was speeding and that I must be intoxicated to not notice the speed signs, two; I was uncooperative and nervous and that's a sign of drug or alcohol use, and lastly I forgot my address so I was obviously impaired.
The latest offer from the prosecutor was moving my charge down to reckless driving with 1 year of probation. My lawyer says I can probably get it dismissed.
It has been the worst experience of my life. Thank god I have enough money to hire one of the best lawyers in town, for $7k btw.
- eeeeeeeeeeeee 8y agoWow. That is awful. I'm sorry this happened to you, but thanks for sharing.
- IAmGraydon 8y agoI must be missing something here. What are you actually charged with? DUI? How can that stand in court at all if the breathalyzer obviously proves you were under the limit?
- sithadmin 8y agoIn most US states, the 'legal limit' as detected with a breathalyzer is just a threshold that results in automatically being charged with a DUI/DWI if you exceed it. Blowing under the threshold doesn't provide you any kind of legal protection against being charged with a DUI/DWI.
- IAmGraydon 8y agoThanks. I thought it might be something like that.
- snvzz 8y agoSo, in short, you should never blow, as that's never going to help you in any way?
- evil-olive 8y agoIn most states, refusing a breathalyzer test can cause suspension of your license, even if you are completely sober: https://dui.findlaw.com/dui-arrests/can-i-refuse-a-breathalyzer-test-.html https://dui.findlaw.com/dui-arrests/can-i-refuse-a-breathaly... Sadly, as with many things in our criminal justice system, the answer ends up being "hope that you're not prosecuted by mistake, and that you have enough money for a lawyer if you are".
- matwood 8y agoA breathalyzer is just additional evidence. All the cops have to say is the defendant appeared to be on something.
- mindslight 8y agoThe main thing you're missing is that the official story of the "justice system" is a fairytale. Once you're in its sights, their literal day job is to make your life hell. They get paid to do this and go home at 5, while you pay for and live it. Presently its damages are externalities paid for by a fucked-up reverse lottery that we're all playing, most blissfully unaware. A significant fix would be to make the state responsible for the entire cost of all defense, days spent in a cage or court, any bail fees, and emotional distress. Having to pay compensation for their "mistakes" would obviously further increase the scumbags' perverse incentive to obtain convictions/pleas. But you'd hope after they had paid out enough for persecuting frivolous cases, budgetary constraints would necessitate a bit of downsizing.
- cellis 8y agoWhere did this happen?