Wednesday, September 12, 2012

Traffic - OWI - Questions - Legal Forums


Hello,

Over the weekend I ended up getting into some trouble. This may be a bit of a long thread but I wanted to get as much information posted so I can get the best answers in return.

I was pulled over for speeding (15miles over the speed limit). When the officer approached my vehicle he opened my door and asked that I exit it. I got out of the vehicle and he put hand cuffs on me. I regrettable called the officer a "dude" when he turned me around and cuffed me and as you can imagine he got very upset over the name. He told me that calling him a "dude" was a mistake and put me in the police vehicle. He took my truck and moved it into a parking lot. That same parking lot we conducted a field sobriety test. I asked beforehand that we conduct it in front of his police vehicle. He had me do 9 steps forward and turn around and do 9 steps back. After that he had me stand on one foot out with hands out from my sides. At first I did wobble to get balance but after that I stood as requested counting to ten. When that was completed he arrested me and asked if I would take a breathalyzer. I asked that I rather not take one on the field and that if he would like to conduct a chemical test I would be willing to go back to the station.

Just some info about what I did have to drink that night-
That evening I had total of seven Miller Lites from 6pm to 12am. From 6:00pm to 7:00pm I had two beers, from 7:00pm to 7:30 I ate dinner with no drinks. From 7:30 to 12:00am I had five beers. From 12:00am-12:30 I had nothing to drink. Shortly after 12:30am is when I was pulled over. I'm a male 6'3" and 230lbs. In hindsight I think I should have just taken the breathalyzer but I could still taste the beers on my breath so I didn't want to risk it.

When we got to the station he sat me down and went over a statement about testing. He told me that I needed to take a breathalyzer and I asked him if I could have a copy of the statement he had in front of him. He initially said no but after a few minutes of back and forth he went and got me a copy. I took a few seconds to go over it and read the part that he left out stating that I could take Breath, Blood and Urine. I told him that I would have no problem conducting a blood test. I also explained saying that I would like to have the most accurate test done so that the process can be done correctly in both of our favors.

He denied me the blood test at first but after realizing that I wasn't going to do a breathalyzer test he hand cuffed me and took me to the local hospital for a blood test. We took the blood and after that he took me right to the jail. My wife signed for me out after spending a few hours trying to figure out where I was and that's when I received my tickets. One for OWI for $920.00, next was excessive speeding for $198.00 going 60 in a 45 and last but not least was an open container for $263.00. I'm really just shell shocked. If I was over the limit I did not act or behave as I was, I didn't think 15 over was excessive speeding and I did not have any open container in my vehicle. I have never been stopped for a traffic violation and never had to go to court for anything in my life so I really need some help and advice on this one. I contacted our family lawyer and he declined to help since he prosecutes in that county and didn't want to step on any ones feet.

Side Note: I also have a short video of a conversation with him on how to operate my iphone. My wife was calling non stop because she was worried about me and he tried to turn it off. As he was trying to figure it out he recorded the both of us. During the recording I'm explaining to him how to get out of recording and how to turn the device off. The interesting fact is that the recording shows me in a very calm and sober state.

*I also like to apologize to anyone offended by drinking and driving. I know it has caused a lot of lives taken from this world due to it and I feel very ashamed to be part of the problem*

Source: http://www.isitlegalto.com/wisconsin-state-laws-legal-forum-wisconsin-laws/27893-traffic-owi-questions.html

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