Alcohol & Drugs: DUI, DWI DUI many discrepencies

[wgoin1988]

Hello,
I recently had a DUI in delaware county. Here's what happened. I was driving eastbound when I used my turn signals to indicate a left turn, i changed my mind and got back in the eastbound lane, again with turn signals. The police officer then began to follow me, either a good distance behind me or with his lights off. I continued 1.8 miles eastbound and 5 traffic lights before he stopped me. He stated the reason was for the event of me getting in my turn lane and coming back out. Also stating in the affadavit that my brake lights were "continuously illuminated" not erratic and while i was in the left lane "moved towards the center median" prior the stop. He then noticed the alcohol on my breath and proceeded with a DUI check. He didn't ask me to take the breathalyzer but just stuck in my window and said "blow". I blew a .16 which is highly intoxicated. He followed me out of his jurisdiction by a half a mile but i understand that township police are allowed to do this within their county. I then took and failed the sobriety tests which were, walking a heel to toe line(passed) and then a one leg for an unlimited amount of counting (until he said stop) and including "mississippi's". Is there any possible way I can beat this case off lack of probable cause or reasonable suspicion? My argument is that if the reason that he stopped me was for the getting in one lane and out the other, why didn't he stop me immediately, even though it wasn't a true violation, and if that was reasonable suspicion, what was the conclusion after following me that made him stop me?

 

[army judge]

You're wrong on quite a few counts.

Police officers can follow you anywhere, even out of their jurisdictions, to effect your arrest.

The initial violation occurred in his jurisdiction.

He was simply doing his duty by fully observing you, prior to attempting a traffic stop.

His directive to "blow", while thrusting an alcohol measuring device into your face, wasn't an order. You had the right to say, "No thanks!" You chose to comply by blowing. That was a far wiser choice than you might now be able to comprehend.

The sad fact is, that you blew two times above the legal limit. Your recollection of events may not be as accurate as you believe them to be.

You need to clam up. Then you'd be wise to lawyer up!

I won't belabor this any further.

I'll simply suggest to you, that you are innocent, until proven guilty in a court of law.

You have the right to remain silent.

I suggest you plead not guilty and hire a lawyer. If you can't afford to hire a lawyer, ask the court to appoint one to represent you.

Whatever you do, don't try to fix this yourself. This is a very serious charge. The impact of a DUI conviction can wreak havoc in your life for a decade or more!!!

 

[wgoin1988]

Yes, i understand the jurisdiction thing. I am more worried about the probable cause or reasonable suspicion. He followed me and I didn't do anything further to warrant a stop in that time. He stated the cause of the stop on the affidavit was "Careless Driving" which i understand to be somehow putting someone else in danger, may it be a passenger, or other drivers on the road and be it though i was driving by myself on a deserted road @ about 2:50am, then no danger was presented. Also i do have a public defender, I was looking more towards some helping information I could give him. One last thing is that the "violation" i committed, wasn't a violation at all seeming as though he followed me for so long to try to get probable cause enough to stop me which it seems as if he never found but wanted to give it a try anyway. Which he succeeded. I just want to know if there enough of anything to get this case dismissed.

 

[army judge]

I see no reason why a judge would dismiss it, based on anything you've posted. Cases are rarely kicked on procedural technicalities.

Had you refused to blow, you might not be facing a DUI. However, you'd probably be awaiting your mandatory drivers license revocation. Unfortunately, that ship has already sailed.

Would you offer to "help" a dentist do your root canal, or an orthopedic surgeon to set a broken bone? If your lawyer needs your assistance, he or she will ask.

 

[mightymoose]

It all sounds valid to me too.
The officer observed something erratic about your driving and opted to stop you and check you out- he wasn't obligated to do it right at that moment. He chose to follow you a short distance, perhaps to observe something more that would confirm his initial observation. Realizing that you were leaving his jurisdiction he finally made the stop- but there is absolutely nothing wrong with him doing so at that point for something he saw occur a couple miles back.
Also, having blown a 0.16, your own account of events, especially the details about signaling and maintaining your lane, are questionable.
You consented to the breathalyzer, and you failed the other FST's (you likely failed the one's you think you passed).
You really have no way out of this... you can only work to minimize the damages.

 

[jabonmoce]

I see no reason why a judge would dismiss it, based on anything you've posted. Cases are rarely kicked on procedural technicalities.