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DWI Charge With a Refused Breathalyzer

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  • 02-17-2007, 08:59 PM
    ahammo3
    DWI Charge With a Refused Breathalyzer
    Last week, I had a trial for a DWI that I was charged with. There were 2 random marshalls in the courtroom during my trial (their presence was even noted in the minutes). During the trial, it was made perfectly clear that since I had refused the breathalizer, I currently had a suspended license. After being given a verdict of "not guilty," I was then immediately eligible to reinstate my license. Upon driving out of the courthouse parking lot, I was pulled over by those 2 marshalls for not using my left blinker. So, I was ticketed for that, and for driving with a suspended license.

    The marshalls then did a full search of my vehicle and found an empty alcohol container in the pocket behind my seat (not in plain sight). I was then issued another ticket for an open container. I had been drinking a bottled Diet Coke, and they also took my drink and put it in a plastic bag- like they were just trying to catch me with something else. After this, they had my vehicle towed, and left me to fend for myself in the parking lot. It was pitch black dark (7:00) and I knew nothing about the city that I was in. So, here are my questions:

    1) Since they were aware that I had a suspended license, can they pull me over for something random like not using a left blinker?
    2) Since the alcohol container was not in plain sight, can they dig through my entire vehicle in an attempt to find something like this?
    3) Can the police just leave you in the location from which your vehicle was towed?
  • 02-17-2007, 09:21 PM
    panther10758
    Re: How should I handle this?
    1) Since they were aware that I had a suspended license, can they pull me over for something random like not using a left blinker?Failure to use your blinker is a justified reason to pull you over
    2) Since the alcohol container was not in plain sight, can they dig through my entire vehicle in an attempt to find something like this?Did you ask them not to search? It could be considered a consented search. Furthermore its your word alone that container was not visilbe. By the way how stupid was it to have an open container! Did you learn nothing!?
    3) Can the police just leave you in the location from which your vehicle was towed?
    Depending on time of day and location yes they can.
  • 02-18-2007, 05:22 AM
    jturner901
    Re: How should I handle this?
    There has got to me more background to this story. The "two random marshalls" went through a lot of trouble to make sure you had a bad day. Nobody is randomly in court.

    All the best!

    Jay
  • 02-18-2007, 08:50 PM
    amevoy
    Re: How should I handle this?
    First of all I'm a dispatcher for the Sacramento police Department in California so I am familiar with this and deal with disgrunteled citizens all the time for this type of thing.
    Second of all I would have to say it's your fault that you were in court for a DWI in the first place. So I don't have much sympathy for you. But I'll do my best to answer your questions.
    To answer your questions:
    1. First of all you shouldn't be driving with a suspended license to go to court you should have had someone drive you. OKAY Yes, officers can pull you over for not using your blinker. You would be surprised at how many things officers can pull you over for. It is a little shady that they knew you had a suspended license and tried to find something small like that to pull you over but yes they do have the right too. But then again they knew your history of DWI and I know that officers what those 'type' of people off the streets.
    2. Officers have the right to search any vehicle and do a breathalizer if they feel it's needed without consent. Having the open container behind your seat doesn't matter it's not in plain sight it's still open and in your vehicle.
    3. Yes police officers can leave you with out a ride after they tow your vehicle. They are not obligated to find you a ride home.
    Hope this helps and I hope that you've finally learned a lesson to not Drive while intoxicated. I'll only hope and pray that you have. :D
  • 02-18-2007, 11:23 PM
    cdwjava
    Re: How should I handle this?
    Quote:

    Quoting ahammo3
    1) Since they were aware that I had a suspended license, can they pull me over for something random like not using a left blinker?

    Heck, if they knew your license was suspended they could have pulled you over even without your failure to use the blinker!

    Quote:

    2) Since the alcohol container was not in plain sight, can they dig through my entire vehicle in an attempt to find something like this?
    They can tow the vehicle. Pursuant to a vehicle impound policy, the police are able to inventory the contents of the vehicle prior to towing it. There are a few other theories they could use as well.

    Quote:

    3) Can the police just leave you in the location from which your vehicle was towed?
    Yes. It was in the middle of the day and presumably payphones were nearby.

    - Carl
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