I got pulled over coming home late from a study session at a friend’s house and I dont really know why but after asking me some questions the cop told me i had to take a breath test. I asked him why and he said I was swerving but I said i’m not drunk, i’m just tired and said no. Wel I didn’t realize that was against the law all by itself so now i could lose my license and i’m not sure should I go to court or not and if i did could i win all by myself? My mom said I could get a public defender but i need to know if even that’s worth it. Thanks
That’s the dilemma we often have. Blow or don’t blow. If you had not been drinking, and knew it, you probably should have blown. It doesn’t matter though, because, before the officer can even ask you to take a breath test, he has to arrest you for DUI. Did you do field sobriety exercises (FSE). In order to arrest you, the cop has to have probable cause for a DUI. It sounds like you have some defenses. Hopefully, ten days have not passed and you can still get a DMV hearing. I suggest you call my friend and colleague in Miami, Michael A. Haber as soon as possible for a consultation. I would not just take a public defender and accept whatever comes down the line. At least talk to a lawyer first. Tell him I, Don Waggoner, sent you.
Michael A. Haber