RedBlackYellow

okay so this sucks, i have a dwi on my record in new york state. i need opinions from you guys, see i was in my car parked and had a little marijuana in my system, next thing i know two new york cops are behind me with lights on asking me to step out of the car and searching it without warrant or permission. (fault 1) i ended up getting arrested at this time because they found something in the car that wasn't supposed to be there, however with no warrant and two police officers giving me **** on the side of the road the county clerk or whoever dropped it to a driving while under the influence of alcohol (which i was not). my license has been thus suspended and i haven't seen my car in a long time.. needless to say it's all bull**** and i need to find out if there's a way to appeal to get the DWI off my record, since there's no reason for it to be there in the first place. Now, since i had signed the piece of paper letting me go from jail telling me i was stopped for drinking and driving and a hefty fee, i have recieved a letter from the state of NY requiring me to come to a court appearance about chemical test refusals. apparently when i was in county they requested that they drain my blood to check for alcohol, i never agreed or disagreed to the chemical tests, i thought that was what the sobreity test the officers were giving me on the side of the road were. so anyway, this is like a big dominoe of one thing leading to another, now i'm being investigated for drug trafficing, failure to communicate with police and take their sobreity tests (which, had i a choice i would have not agreed to but the officer held something in his hand and said to "blow", you can imagine my feelings for this particular human-being).

my biggest peeves are that due to the fact that i signed the stupid paper (i shouldn't have but my mom said to go ahead and do it so we could get out) confessing my DWI it's probably too late, now my license is supposed to be suspended for 90 days to a year and i have to take a driver safety course at the community college near my home.

phew, out of all that i really just want to know if it's too late to fight the DWI since the course will cost $90, plus the ticket was $450, and the police had illegally searched my vehicle. for the curious, yes i had told the court magistrate all this information at the time of the conviction, didn't make a bit of difference. It was in some bumfuk town where they're sister's their wife and their dog's their brotnher or something if anyone can help please offer ideas, i think i'm thoroughly f'ked by the system right now.

coocoomike

do you want to get busted for the weed instead?

Kris Hansen

there must be probable cause to stop a car. If you were parked in a legal area, what was thier probable cause? Searching a car does not require a warrant, all they need to do is ask, mind if I look, you say, go ahead, and they can do whatever they want. This has held up in court. If they think things are hidden in areas of the car, they would need a warrant to search farther than the obvious places like trunk, glovebox etc.

Why did they want to stop you? If their PC won't hold water, the whole thing should be thrown out. BUT, if they have valid PC, you are screwed as far as that goes. From what you described, they went by the book. Field tests are most often not admissible, the only thing that is is a crimp blow test, or blood test. If you refuse those, usually that's considered an admission of guilt, or a no contest, depending on the jurisdiction.

DC Dawg (Married)

lawyer

coocoomike

Ive already driven on it, and its pretty nice. Firmer and crisper shifts, and improved throttle response. Will it change over time to shift a little faster or a little slower?

Kris Hansen

the shifts will stay the same, at least they did on my A4... I havn't gottne a tip chip for the A6 yet...

Longwolf (Christian)

We're not talking about mod advice, or girlfriend advice...this is serious ****, and don't listen to anyone here unless they are agreeing to represent you.

RKA

1. Get a lawyer.
2. You're in this mess because you didn't follow #1.

Sounds to me like you've already admitted to DUI, and you've already been convicted. That was your first mistake. A lawyer probably would have made this go away right from the start, but without anyone to present a sound case to the judge, who's the judge going to listen to? A blathering teenager that just wants to go home, or the prosecutor, waving a fistful of pot in the air?

The lawyer won't be inexpensive either. I think any lawyer would have a hard time unraveling this mess. If they tried, I would guess it would cost you a small fortune (if you think $500 is a lot of money, you've got another thing coming). The real cost associated with this conviction are things like your insurance rate surcharges/increases. Odds are you'll see it skyrocket to a point where you won't be able to afford a car.

And from here on out, you should really consider a zero tolerance policy with respect to drugs and alcohol, and driving. If for no other reason than preventing yourself from getting raked over the coals the next time around. I can guarantee you, if this happens again, regardless of how trivial the circumstances, you're going to spend the following 5 years paying dearly for the offense (jail time, fines, lawyers and even higher insurance rates).

Consult a lawyer, pay them several hundred to evaluate your case, and take their advice to heart.

Cleared Hot

If you are going to smoke, don't be stupid enough to do it in your car...that is not hard to figure out. I recommend getting a lawyer asap and you WILL have to shell out some serious $ if you want this thing resolved. Chances are, you will be stuck with the charges however because you refused the substance test and pretty much signed an admission of guilt. Best of luck to you.

Mica

You are undeserving of advice from anyone on this forum.