Arrested for a P.I. in Indiana
This is a discussion on Arrested for a P.I. in Indiana within the Arrests, Searches, Seizures forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; A couple days ago I was arrested for a P.I. while playing guitar down at a creek in the middle ...
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#1 |
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Junior Member
Join Date: May 2010
Posts: 1
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A couple days ago I was arrested for a P.I. while playing guitar down at a creek in the middle of nowhere. I was arrested along with 2 other people. I've done a bit of research, and I'm curious about whether I could get this thrown out. The evidence is simply a portable breathalyzer. I blew a .10
I've read that portable breathalyzers aren't considered very accurate. The cop also breathalyzed me within the first 5 minutes, and I've read that they have to observe you for 20 minutes prior to administering the test. He also never read any of us our miranda rights, so I know he can't use anything I said against me. And lastly, once at the police station, I had to take field sobriety tests, which didn't make much sense to me, but i did 3 tests and passed them all. I'm just curious if this case is at all worth fighting, I mean if they can't prove that the breathalyzer was calibrated, and since technically he didn't administer it properly, I don't see how they even have a case. Thanks in advance for any input! |
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#2 |
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Top Level Member
Join Date: Dec 2009
Posts: 12,594
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I wish to inform you that in Indiana driving with blood alcohol content of 0.08 or higher will result in being called driving under influence or DUI. It is a criminal offense. However, all factors will be considered and the jury may disregard the test. You can submit to the court all the facts like Miranda Rights not being read, the fact you were breathanalyzed within the first 5 minutes, the fact that you successfully undertook field sobriety tests and passed all the 3 tests, etc. After considering all the facts, the court will decide the matter.
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