I was stopped for sleeping in my vehicle at a rr crossing and received a DUI didnt do a breath test on the seen but a the station. What’s my defense?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I was stopped for sleeping in my vehicle at a rr crossing and received a DUI didnt do a breath test on the seen but a the station. What’s my defense?
Asked on June 13, 2009 under Criminal Law, Colorado
Answers:
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I am a lawyer in CT and practice in this area. The question is whether the car was on? If the car was on, the chances are that you are SOL becasue you were on a public road and the officer determined that you were drunk while operating (operating is generally defined as being on a public highway while the car is running). If this was your first offense, you may be able to do a first timer program that gets the charge dismissed upon successful completion. If this is not your first time, then you may be looking at jail time. I suggest hiring a lawyer to see if you can challege the basis for the stop and the chemical test.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.