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  1. #1
    Join Date
    Nov 2008
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    2

    Default Fictitious Ticket That Leads to DUI

    My question involves criminal law for the state of: florida I was pulled for a tag light out, however my tag light is still good. I was given a field sobriety test on a sprained knee that included hopping in a circle. Is this legal?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Fictitious Ticket That Leads to DUI

    Why did the officer believe your tag light was out?

    Are you stating that you failed a roadside sobriety test due to the sprained knee, but were then found to have an unlawful BAC when they administered a breath test? What did you tell the officer about your sprained knee before, during or after that test? What other tests were administered (there should have been at least three) and how did you do on the others? What was your BAC?

  3. #3
    Join Date
    Nov 2008
    Posts
    2

    Default Re: Fictitious Ticket That Leads to DUI

    The officer was called to a bar in search of a wanted male. After they left the bar they parked across the street. I had not even pulled out yet when they turned on the lights and came after me. The officer did the eye test, and then he told me for my last test to touch my fingers together in front of my face and then do it behind my back at which time he put handcuffs behind my back. I told him I could not jump three times on my leg to make a complete circle because of my leg, he said do it again. After the third attempt my knee gave out. The cop pulled me about a quarter of a mile after leaving the bar. My tag light was not out! After giving me this reason he kept questioning me about the man he was looking for. BAC was .19.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Fictitious Ticket That Leads to DUI

    Quote Quoting tinalove
    View Post
    The officer was called to a bar in search of a wanted male. After they left the bar they parked across the street. I had not even pulled out yet when they turned on the lights and came after me. The officer did the eye test, and then he told me for my last test to touch my fingers together in front of my face and then do it behind my back at which time he put handcuffs behind my back. I told him I could not jump three times on my leg to make a complete circle because of my leg, he said do it again. After the third attempt my knee gave out. The cop pulled me about a quarter of a mile after leaving the bar. My tag light was not out! After giving me this reason he kept questioning me about the man he was looking for. BAC was .19.
    So you failed two of the three tests and then blew double the limit.

    Your attorney may be able to do something with the whole tag light thing, but I am doubtful.

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