Joined
·
1,096 Posts
Well, last night it finally happened: busted for DUI. I knew I shouldn't have driven, I ignored that little voice that was screaming at me all night long to not drive home but take a cab. Goddamnit I am fucking stupid!! :bitchslap myself here...
Anyways, following home a couple buddies from the bar last night and the cherries and berries light up behind me. My first thought was "Your night just went from bad to worse." That's another story as to how it was bad to begin with. I immediately pull over and place my hands on the steering wheel. Cop walks up, asks for the usual, I hand it to him and then he asks the question, "Been drinking? I can smell it on ya." I answer in the affirmative, as it would do me no good to lie to the police. He pulls me out of the car, does the follow-the-pen, stand-on-one-foot-and-count-to-thirty and walk-and-turn tests. Pass 'em with no problem. Remember: I am being as polite and cooperative as humanly possible with the cop. He was actually pretty cool, he didn't get rough or assholish with me at all.
Out comes the Intoxilizer. I blow, he doesn't bother to tell me what the BAC is, and then a blood sample is taken. I wasn't comfortable at all with it, but I didn't feel like questioning him at this point. I'm drunk, driving, all that. He doesn't arrest me, take my license, impound my vehicle, doesn't even bother to write down what the BAC was on the citation. Basically the cop gives me a ticket which says DUI on the first line and then "following too closely" on the next line. I admit, I was tailgating my buddies. The "following too closely" is a civil offense, and the DUI is a criminal one, according to the ticket.
My question is: Since he didn't tell me or write on the ticket what the BAC was, didn't take my license (required by state law, by the way), impound my vehicle, or arrest me, do you think I can get the DUI charge dropped? I'm a first-time offender, only had three speeding tickets in all my life, and made a colossal error. Any help is appreciated greatly and yes, I've spoken to an attorney already.
Anyways, following home a couple buddies from the bar last night and the cherries and berries light up behind me. My first thought was "Your night just went from bad to worse." That's another story as to how it was bad to begin with. I immediately pull over and place my hands on the steering wheel. Cop walks up, asks for the usual, I hand it to him and then he asks the question, "Been drinking? I can smell it on ya." I answer in the affirmative, as it would do me no good to lie to the police. He pulls me out of the car, does the follow-the-pen, stand-on-one-foot-and-count-to-thirty and walk-and-turn tests. Pass 'em with no problem. Remember: I am being as polite and cooperative as humanly possible with the cop. He was actually pretty cool, he didn't get rough or assholish with me at all.
Out comes the Intoxilizer. I blow, he doesn't bother to tell me what the BAC is, and then a blood sample is taken. I wasn't comfortable at all with it, but I didn't feel like questioning him at this point. I'm drunk, driving, all that. He doesn't arrest me, take my license, impound my vehicle, doesn't even bother to write down what the BAC was on the citation. Basically the cop gives me a ticket which says DUI on the first line and then "following too closely" on the next line. I admit, I was tailgating my buddies. The "following too closely" is a civil offense, and the DUI is a criminal one, according to the ticket.
My question is: Since he didn't tell me or write on the ticket what the BAC was, didn't take my license (required by state law, by the way), impound my vehicle, or arrest me, do you think I can get the DUI charge dropped? I'm a first-time offender, only had three speeding tickets in all my life, and made a colossal error. Any help is appreciated greatly and yes, I've spoken to an attorney already.
nfloor
