I was pulled over at 5 am on valentines day by a campus pd at my school. the cop had been following me since i entered the campus and continued to follow me through the parking lot while I was trying to find a parking spot. i drove through the whole lot and there were no spots so i headed to the other lot still with the cop following me, i was driving probably about 5 mph maybe 10 this whole time and then i turned onto the road and went over a raised crosswalk. as soon as the cop went over the crosswalk he turned on his lights i was just about to turn into the other parking lot and he said i had been driving wrecklessly and i peeled out at the light which i definately didn't after he asked for my license and registration he asked me to take a breathalyzer and i agreed the first time and i blew a .147 im 18 and i had not had a drink in about 5 hours. one of the other officers even told me i didn't look drunk and all the while the camera in the front of the cop car was catching me driving through the parking lot and then it will show me sitting on my tailgate completely sober. so my question is im going to request a formal review of the 6 month license suspension i received is that a good choice. and also i know that the arresting officer presents materials such as these videotapes in these hearings. So if this tape shows this officer basically harrasing me and following me through the parking lot for no reason and then it shows me completely coherent, cooperative and sober right in front of the police car, will i have a chance of winning. breathalyzers arent 100% yet this is considered hard evidence, have cases like mine been overturned even with a bac of twice the legal limit or 7 times the limit for a minor?
2 Answers from Attorneys
Yes this case can be beat, because I believe it is a questionable stop in the first place. If the court finds the stop illegal then it doesn't matter what you blew. Furthermore, you are right that the breath test machine can certainly be challenged. You said that you were going to set up a formal review hearing. While that certainly needs to be done, I suggest you hire an attorney to do that as I have yet to hear of an unrepresented person win a DMV hearing. TIME IS OF THE ESSENCE. Since it takes a couple days for Lawguru to post the free questions, (I did not get it until 2/22 at 10:00 a.m.), it is imperative you meet with an attorney immediately. You don't say where you're located but even if you are not in my practice vicinity, I should be able to find you somebody. Call me at 727-528-1859 and check out my website below.
Hello:
I just read your question. I agree with the first answer posted. If you are in North Fla. and need some further legal advice or representation, please give my office a call. I have been handling these types of cases (along with other areas of law) for more than 18 years. If you are interested, you can check out some of my many responses on Law Guru. Good luck. Tom Rosenblum
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