Legal Question in DUI Law in North Carolina

Deputy Forgot Field Beath Test Results

Fell asleep at ferry, Deputy knocked on window, asked a couple of questions, I consented to a field breath test,asked what results were, heard him say 9, he said don't go anywhere moved my truck up 1 space to let people get past me for ferry, He returned was agitated that I moved my truck, I suggested that if he moved my truck to the parking lot I would take ferry first thing in the AM, he moved it and let me back in, it was running.

he told me not to leave until the first ferry in the AM, then left. a little while later I moved my truck approx 20 feet to get out from under a flood light, shortly after the Deputy pulled next to me told me to get out of the truck and arrested me for DWI no field test. I heard him say that he had gone into the terminal and watched the monitors. I had alcohol in the truck and had been drinking after he moved it. Intoxilyzer test was given 1hr 20 mins later. First time in District Court he said he did not remember results of field breath test or if keys were in ignition.

It was recommended I plea not guilty w/ stipulations, I did, lawyer has done 180 turn since then and told me to talk to somebody else, there are a lot of discrepancies from that night also, that seem to be significant.

Asked on 9/07/06, 10:38 am

1 Answer from Attorneys

Marcus Hill Law Office of Marcus Hill

Re: Deputy Forgot Field Beath Test Results

The PBT result is not generally admissible, so that may not be a problem, but being told to move may be.

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Answered on 9/08/06, 4:40 pm

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