Im only daily breathalyzers last weekend the PO told me I blew numbers.I never saw the breathalyzer and he never told me what I blew 10 minutes later I did another test and blew 0s I told the PO I had not been drinking and he immediately accused me of lying and threatened to send me to jail.I should have kept quiet instead I.said I had 2 beers but honestly nothing that would have shown up What can I do now can I fight this?
2 Answers from Attorneys
It appears you are saying either the PO bluffed you by saying you blew "numbers" and tricked you into making an admission (highly unlikely) or you took the test and there was an issue with the PBT, so you were offered a second PBT and it came up .000 and now you are concerned with a possible violation?
Bottom line, you will get notice of the violation(s) and you will have an opportunity to be heard. The rules of evidence do not apply and the burden to prove the allegation is a perponderance standard (more likely than not 51%). Often times these issues can be resolved with the PO and the Court short of you going to jail or it may be possible to convince the court you made the "2 beers" admission because you were fearful of the PO's threats. The biggest problem is dealing with the first PBT... did it malfunction? not properly calibrated? Also, the Judge you have is always an important factor in determining what your course of action will be. I handle these types of hearings all the time. Feel free to contact me for a free consultation.
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Have someone drive you to court for your VOP hearing. Avoid wearing laced shoes or a belt. Don't show up drunk.
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