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Can I sue for false reading on breathalyzer when I can prove it was not calibrated correctly?
So I was pulled over for a license plate out on my vehicle. I had 2 drinks 1.5hrs prior. Technically this would be my 3rd, 2prior 9yrs ago. My lawyer has it down to 120 days non felony 1st offense. My problem is this was a rookie cop and there are 100 things wrong but my lawyer wont present anything unless it goes to trial which i cant afford. Im about to take the plea. My breath was .15 20 min later .14. My alcohol dropped .36 in 20 min which scientifically cant happen. After me doing all the leg work I come up with the problems the drager machine has. The manufacturer says machine has to be calibrated every 6 months to operate effective however CT law says machine has to be calibrated only when maintenance is done. How does the law supercede the manufacturer? The machine was calib 21 months prior. I see in MA the attorney general is looking into the drager machine and possibly banning breathalyzers. So can I sue for machine giving false reading which I lose my military career, house and everything. Or do I just lose cause CT law supercedes how this machine works?
No you cannot sue for this. This is the type of thing where you have a hearing to try and suppress the breath reading,...
Do I need to install an IID in my home state of CT if I was charged in NY with a DWI, with conditions of installing one?
I plead guilty to a DWI in New York and with my plea deal came enrolling in classes, attending the Driver Impact Panel, and needing an IID installed if driving in NY. I'm a CT resident who got pulled over in NY just over the border. Do I need to also have an IID installed for when I drive in my home state of CT?
The answer is that NY will let Ct DMV know and Ct will require the IID . Don't drive without it in CT
Who understands how to read and understand the results from alcotest 9510 done by Torrington Police (breathalyzer) ?
test 1 subject IR 0.0155, EC OK test 2 subject IR 0.0109, EC OK Is this over the limit of .08 or 8% BAC, to the best of my knowledge IR stands for infrared test and EC stands for electrochemical test
Both tests are under the legal limit of .08
Does connecticut allow iid for motorcycles?
i need an iid for my motorcycle
I am not licensed in Connecticut, but in California, the answer is no. I doubt quite a bit whether this is a function...
I was pulled over on sep 13 2013. Case drop nov 2014 no probable cause. Not able to drive bill piling up can I sue the cops?????
Dmv took my license for 3 yrs. the case was drop with all charges. I just want to no if I can sue the cops. I lost my business, still have lawyer bills I'm losing $$$$$ everyday because this cop pulled me over and didn't have problble cause and nothing happen to him he goes about his daily life with no repercussion. Do I have a case against them or not?? Thanks Eddie
have you ever discussed this with the lawyer who represented you , who seems to have done a fine job? If DMV suspended...
2nd DUI 2014 (1st 2006, convicted 2007, out of state, participated in an alcohol program). He was offered...
2 yrs executed suspension after 4 mos jail followed by 3 yrs probation, alcohol treatment program, fees, maybe 100 hrs community service (? mandatory). Lawyer says because sentence is more than 1 yr it's a felony. He refused breathalyzer. He doesn't know why he can't have a copy of tape. 1) Is it possible he will spend less time in jail? Would it be local? 2) Can you tell us how the "rules" are computed from 1st to 2nd offender (arrest date vs convicted date), we are confused. 3) How does he get a record of his convictions? Thank you
Too many variables to provide an intelligent answer. Feel free to contact our office tomorrow for a free consultation
AEP (CT) vs. DDP (Out-of-State)
Is the Drinking Driver Program (DDP) the same as the Alcohol Education Program (AEP)? He attended a DDP in 2007. Because a court date for conviction (jail, probation, etc.) or deciding to go to trial is coming up soon, we wonder if the names of the programs being different would change the outcome of convicted sentence. Not sure if that would be considered a "technical" issue.
I believe DDP is a NY program. So if you did the DDP as an alternative to the AEP because you had a DUI in CT but...
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