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  1. #1
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    Feb 2011
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    Default What's Probable Cause for Stop Leading to a Drunk Driving Arrest

    My question involves criminal law for the state of: Rhode Island and my question is? I was travling North Bound in the right lane. I was stoped at a red Light when a police office got behind me. The light changed and I proceeded to the next light which was twenty five maybe fifty feet away. The police officer followed behind me. The officer stated in his report that I was driving five miles an hour in a posted twenty five. Now there is no sign posted between where I was stoped at the light and to the next light. After the second light there is a posted 30 mile an hour signed posted. He the states that I accerlated to 35 miles an hour when he put on his lights. What I am getting to is that he states that he was behind me for at least 3/4 quaters of a mile running my plates and my name. All my information was clean with my license and my plates cause I had just got my license back two days prior after seven years. The officer states that I was severly swerving at 5 miles an hour. He also states that I was bounching off a fog line which is a painted line on the road next to the side walk. I was stop and then charge withn drunk driving. Did this officer have the right to pull me over when I had not commited a traffic violation. I drive a V-8 SUV. He is stating that he followed me for almost 3/4 of a mile at me doing 5 miles an hour. Is that possiable or is he fabracting his story to justify the stop. Also I was not drinking I was on medication. I have had a couple of dui's but it has been seven years since I got my license back. I have hired an attorney but it seems like she is not trying to help me with this cause cause of my past history. I just need some kind of foundation for her to fight this case with. Is it true what he writes in the report is what they have to use in court. I also like to know is it possiable to do five miles an hour and be severly swerving? I also want to know is it illegal to touch the fog lines in the right lane of your travel.

  2. #2
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    Default Re: What's Probable Cause for Stop Leading to a Drunk Driving Arrest

    You say you're charged with drunk driving - but had a 0.00 BAC when you took the breath test (and/or blood test and/or urine test)? Do you mean, then, that you're charged with operating under the influence of drugs? What medication are we talking about?

  3. #3
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    Feb 2011
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    Default Re: What's Probable Cause for Stop Leading to a Drunk Driving Arrest

    Never took a test, Refused cause I asked why I was stoped. The officer never gave me a reason and asked where I was comming from. I told him and he asked if I had been drinking and I told him no, he then asked if I was on any kind of medication or drugs and I told him I take medication,This is when I was taken out my truck and give a field sobriety test. I just never told him what kind, but I take Vicdon and I have a priscripation for it plus I Worked all day and never ate the whole day. I have hip problems and are about to have a hip replacement on both so I have a reason to have this medication. I told my Lawyer I take medication and showed her the priscripation. But no they do not have a BAC# and he states in the report that he believes under the influence of Achol.

  4. #4
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    Default Re: What's Probable Cause for Stop Leading to a Drunk Driving Arrest

    Driving at 5 MPH is consistent with impaired driving. Driving at 35 MPH in a 30 MPH zone is speeding. (If you were going 5 MPH and sped up to 35 MPH in a 30 MPH zone because you saw the officer's lights, that's bizarre behavior and inconsistent with your duty to yield. If you didn't see the lights but for whatever reason sped up from 5 MPH to 35 MPH, you were speeding.) If the officer observed you variably speeding, driving at an extremely low speed and swerving against or across the fog line I'm not seeing how you can argue that there was no basis for the stop (the speeding alone is enough) or for further investigating to see if you were intoxicated.

    It's a shame you chose not to take the breathalyzer as you claim that would have established that you had no alcohol in your system. Even without your history of drunk driving, a prosecutor would have a difficult time with that excuse.

  5. #5
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    Default Re: What's Probable Cause for Stop Leading to a Drunk Driving Arrest

    Your refusing to submit to a chemical test will result in automatic penalties regardless of the outcome of your criminal charge (regardless of whether you're convicted of a DUI). (See ß 31-27-2.1 Refusal to submit to chemical test).

    Assuming this is the first time you've refused, those penalties include (all of the following):
    • A fine of anywhere between $200 to $500.
    • An order to perform anywhere between 10 to 60 hours of public community restitution.
    • License suspension of anywhere between 6 months to 1 year.

    The penalties get even worse for a second or subsequent refusal(s).

    Oh, and just because you have a prescription for vicodin, does not necessarily mean you can drive after taking it (Drive while you're Under its Influence, and just because you had no alcohol in your system does not mean you were not DUI.

    If you're unhappy with what you attorney is doing for you in your case, then hire another one.

  6. #6
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    Default Re: What's Probable Cause for Stop Leading to a Drunk Driving Arrest

    I would like to thank u all for your information. I do have one more question. I have a new license. My old one is gone so I am working with a new one. If I plead to the refusaL Can I have the D.U.I. thrown out or can they still push for the D.U.I. without a BAC? And also can they use prior from my old license?

    Thanks for you input I understand what you mean about the 5miles an hour but if I'm doing 5 he is not moving at all am I right?

  7. #7
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    Default Re: What's Probable Cause for Stop Leading to a Drunk Driving Arrest

    Quote Quoting ziffchef1
    View Post
    I would like to thank u all for your information. I do have one more question. I have a new license. My old one is gone so I am working with a new one. If I plead to the refusaL Can I have the D.U.I. thrown out or can they still push for the D.U.I. without a BAC? And also can they use prior from my old license?
    The fact that you have a new license does not mean that your driving record is new nor does it mean that your old driving record is erased.

    The refusal and the associated penalties are pretty much a lock... As such, pleading to the refusal will not necessarily be a way for you to plea bargain your way out of a DUI conviction.

    A plea bargain (as it relates to the DUI matter) will more likely depend on the officer's testimony as to his observations before/during the stop, how you performed on the FSTs, how well the related reports were written, the officer's testimony on the stand... etc. All of which are matters that your attorney can review as she develops a defense strategy in your case. So that question would be best answered by her.

    Good luck!

    Quote Quoting ziffchef1
    View Post
    Thanks for you input I understand what you mean about the 5miles an hour but if I'm doing 5 he is not moving at all am I right?
    Whether he's moving or not, or moving and stopping is not that relevant. He made his observations over a distance of 3/4 of a mile... So even if he was not moving, its not that difficult to see if someone is weaving/bouncing off the fog line from that distance. Combine that with you allegedly driving at such an extremely slow speed, and the "reasonable grounds" to make a stop can be easily articulated.

    Again, since your attorney has a copy of the related reports, she's has first hand knowledge of which elements can be challenged and how to proceed.

  8. #8
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    Default Re: What's Probable Cause for Stop Leading to a Drunk Driving Arrest

    Thanks for your help.

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