*NEED ADVICE RE: DUI HEARING PLEASE*

[makeitsimple247]

Can someone please tell me what to expect and if the evidence I gathered proving that the arresting CHP Officer has exaggerated and even lied about the truth will help if submitted to the Hearing Officer?? IE:

1. (Most Important) - After the CHP Officer gave me their several physical field sobriety tests along with having me blow into their breathalyzer (which was .000% all 5 times I'd forcefully blown in it while the other while them other Officer was still searching & I believe taking its w/o my knowledge or permission from my vehicle in detail-believing that I was distracted by their "tests" but when I finally asked what exactly he was doing after he found and opened a sealed manila envelope w/a black bag of my prescription bottles(meant to be shown ti my new Primary Care Physician ONLY)-He said that he was looking for my car insurance stating like because I was earlier!! (2. I have no working electric inside my old '98 MVP Van so it was difficult for me to see if I was handing the Officer my CA DL or ID card & a struggle looking for my proof of insurance too-w/no help/light from them either of course! According to the report I handed him my ID-even though I gave him my DL was found and taken later when there was lighting available!)

IN THE OFFICERS DUI ARREST REPORT IT SPECIFICALLY STATES THAT PER DISPATCH THAT THEY COULD NOT "ARREST" ME TIL I WAS SEEN AND CLEARED BY A PHYSICIAN- DUE TO MY MEDICAL CONDITIONS AT THAT TIME...I OBTAINED A COPY OF THE OFFICERS SAID CLEARANCE WHICH VERIFIES THAT I WAS AT THE ER THAT NIGHT BUT WAS NOT SEEN BY ANYONE AT ALL! (Not an MD, RN or even a Medical Assistant!!) Rather signed in by the Officer-cleared for booking and signed out..not even having my temp taken-yet them Arrest report specifically states Medical Clearance REQUIRED!!!??
THEY MERELY WANTED ME TO SIGN OFF AND TAKE A BLOOD- I REFUSED BECAUSE I'M DEATHLY SCARED OF NEEDLES AND IT CLEARLY STATES THAT IF I ALREADY TOOK THEIR BREATHALYZER THEN I WAS NOT REQUIRED TO TAKE A BLOOD TEST AS WELL.


* The arrest report also states that I was pulled over due to a civilian calling CHP regarding a possible Drunk driver in a dark SUV with a damaged rear bumper. However, I was driving a black 1998 Mazda MPV Van with a grey bumper that is not damaged but only has an old small dent on the driver-side rear corner of it. I was not given any other traffic violations because I was not violating any traffic Laws either.

I HOPE THE COMMENTATORS ARE NOT ATTORNEYS ..I HAVE GATHERED SO MUCH EVIDENCE ON THESE OFFICERS AND OBTAINED THE VERY OFF 911 CALL...SO THANX ANYWAY FOR YOUR ADVICE.

Do I have a good case for dismissal for both the DMV Driver Safety Hearing & My DUI Court Hearing???

[sunlover]

Miranda means nothing. The only way it matters is if you said anything incrimnating. You need a lawyer

[goddessoflubboc]

You were driving exactly what the caller described.

Much of what you wrote after the breathalyzer is unreadable to me. I guess you took out the part about Miranda?

You've never clarified what they exaggerated much less lied about.

As Sunlover said, you NEED an attorney. They will eat you alive.

[sandyclaus]

Originally Posted by makeitsimple247 Can someone please tell me what to expect and if the evidence I gathered proving that the arresting CHP Officer has exaggerated and even lied about the truth will help if submitted to the Hearing Officer?? IE: 1. (Most Important) - After the CHP Officer gave me their several physical field sobriety tests along with having me blow into their breathalyzer (which was .000% all 5 times I'd forcefully blown in it while the other while them other Officer was still searching & I believe taking its w/o my knowledge or permission from my vehicle in detail-believing that I was distracted by their "tests" but when I finally asked what exactly he was doing after he found and opened a sealed manila envelope w/a black bag of my prescription bottles(meant to be shown ti my new Primary Care Physician ONLY)-He said that he was looking for my car insurance stating like because I was earlier!! (2. I have no working electric inside my old '98 MVP Van so it was difficult for me to see if I was handing the Officer my CA DL or ID card & a struggle looking for my proof of insurance too-w/no help/light from them either of course! According to the report I handed him my ID-even though I gave him my DL was found and taken later when there was lighting available!) IN THE OFFICERS DUI ARREST REPORT IT SPECIFICALLY STATES THAT I WAS TO BE SEEN AND CLEARED BY AN ER DOCTOR DUE TO MY MEDICAL CONDITIONS AT THAT TIME...I OBTAINED A COPY OF THE OFFICERS SAID CLEARANCE WHICH VERIFIES THAT I WAS AT THE ER THAT NIGHT BUT WAS NOT SEEN BY ANYONE AT ALL! (Not an MD, RN or even a Medical Assistant!!) Rather signed in by the Officer-cleared for booking and signed out..not even having my temp taken-yet them Arrest report specifically states Medical Clearance REQUIRED!!!?? * The arrest report also states that I was pulled over due to a civilian calling CHP regarding a possible Drunk driver in a dark SUV with a damaged rear bumper. However, I was driving a black 1998 Mazda MPV Van with a grey bumper that is not damaged but only has an old small dent on the driver-side rear corner of it. I was not given any other traffic violations because I was not violating any traffic Laws either. Do I have a good case for dismissal for both the DMV Driver Safety Hearing & My DUI Court Hearing???

DUI doesn't necessarily mean that you were drinking. Being "under the influence" of other medication that affected your ability to drive could also be charged under that type of violation. You would have had to appear visibly impaired for them to consider this kind of charge.

The police require probable cause to do any more than a cursory search of whatever might be considered to be in plain sight. The empty prescription bottles in a SEALED envelope quite possibly could be suppressed due to the fact that they would have to OPEN the envelope to see its contents and couldn't possibly know what was in there unless they did so. Unless you gave them specific permission to search, then it would have required them to obtain a search warrant (which was not done).

You most definitely need an attorney.

[makeitsimple247]

THANK YOU ~ THAT IS EXACTLY WHAT I NEEDED TO VERIFY

[Friend In Court]

Considering the cost to a driver convicted of driving under the influence, you should be represented by a lawyer and not go in by yourself.

The average cost of a DUI conviction is estimated to be at least $5,000 reflected among other things in higher insurance rates.