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 ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old May 17th, 2010, 01:59 PM   #1
Junior Member
 

citizenarrested's Avatar
 
Join Date: May 2010
Posts: 1

Default Arrested for a P.I. in Indiana

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!
citizenarrested is offline   Reply With Quote
Old May 20th, 2010, 06:55 AM   #2
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 12,594

Default Re: Arrested for a P.I. in Indiana

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.

AFF
AFFA is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
miranda rights, portable breathalyzer

This thread has 1 reply and has been viewed 676 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
‘Jewish Indiana Jones’ is Arrested in New York WSJ Law Blog Law News 0 Aug 24th, 2011 04:20 PM
In serious need of HELP: I'm from Indiana, I have court in the morning. slimchadee Child Custody & Support 1 Jun 21st, 2011 02:05 PM
Abandonment laws in Indiana Unregistered Other Real Estate Law Matters 2 Feb 13th, 2011 02:53 PM
Want my roommate out - Indiana Unregistered Landlord vs Tenant Issues 2 Dec 10th, 2008 05:31 PM
Define possession of alcohol... Stepson age 18 was arrested in Indiana. enrico1223 Other Criminal Law Matters 1 Jul 28th, 2008 03:34 AM


Top crime attorneys


All times are GMT -5. The time now is 09:26 AM.