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skeptor

Elizabethton, TN

#1 Sep 17, 2012
I had a DWI the other night and I was not drunk at all!!! The breath machine read that I was. Please if anyone knows any info to help me, Please! Any great lawyers names would also help. I am 42 years old and this is my first offense. I just have so many other little issues that interfere with my situation. Thanks!
skeptor

Elizabethton, TN

#2 Sep 17, 2012
Not other past legal issues, but the issues with the breath test reading a postive, when I wasn't in the very least.
You need

Abingdon, VA

#3 Sep 17, 2012
skeptor wrote:
I had a DWI the other night and I was not drunk at all!!! The breath machine read that I was. Please if anyone knows any info to help me, Please! Any great lawyers names would also help. I am 42 years old and this is my first offense. I just have so many other little issues that interfere with my situation. Thanks!
to get on tazewell topix and ask who the big name lawyer is from there that beats all dwi cases, I can't think of his full(Gallanbeck is last name) name right off, but he is good. He maybe can beat it on the calibaration of the machine and on the qualification/certification of the machine operator.
You need

Abingdon, VA

#4 Sep 17, 2012
Think first name is Robert
Joe Blow

Abingdon, VA

#5 Sep 17, 2012
Just out of curiosity, what did the machine read that you blew? Did you request a blood level be drawn?
The Baron

Johnson City, TN

#6 Sep 17, 2012
David Scyphers in Abingdon.
Name

Johnson City, TN

#7 Sep 17, 2012
Joe Blow wrote:
Just out of curiosity, what did the machine read that you blew? Did you request a blood level be drawn?
You don't get to request blood be taken.
fonda morehead

Knoxville, TN

#8 Sep 17, 2012
Try the Conway guy.
skeptor

Elizabethton, TN

#9 Sep 18, 2012
Joe Blow wrote:
Just out of curiosity, what did the machine read that you blew? Did you request a blood level be drawn?
The percentage was 0.12 when I was pulled over. I was in custody for four hours with the police and when they did another breath test it was still 0.12, four hours later! Even the cop was astonished! I was not even drinking, but I don't understand why it did that, and now my life is in jeopardy! Thanks!
KarmaKing

United States

#10 Sep 19, 2012
Are you diabetic?
Joe Blow

Abingdon, VA

#11 Sep 19, 2012
fonda morehead wrote:
Try the Conway guy.
Isn't Conway the "attorney" that has had some many DUI's that he has to go around town on a moped or is that someone else?
skeptor

Elizabethton, TN

#12 Sep 19, 2012
No I am not diabetic, but I do know that when I blew into the machine, it was the same machine even three hours later at the jail, the officer had me blow from the same exact machine that had mis read me three hours prior at 0.12 and then three hours later while I was in police custody the whole time I must add), I blew it again, for one final time because even the cop knew that I wasn't even drunk after being with me for three hours so he had me blow again and it came back up to 0.12 again! THREE HOURS LATER! I noiticed even he was surprised! I was later told that the jail would've had a different usually more through machine to use, but this officer used his same basic machine both times. Also, I had to blow about four times each before that machine even registerd a number both times!!
i am sure

Abingdon, VA

#13 Sep 19, 2012
fonda morehead wrote:
Try the Conway guy.
this post was a joke, right????
heres the deal

Abingdon, VA

#14 Sep 19, 2012
skeptor wrote:
<quoted text> The percentage was 0.12 when I was pulled over. I was in custody for four hours with the police and when they did another breath test it was still 0.12, four hours later! Even the cop was astonished! I was not even drinking, but I don't understand why it did that, and now my life is in jeopardy! Thanks!
it appears u were ion fact DRUNK, the only thing from what u say is if you can prove miscalibration of the machine. Maybe the little breathalyzer you blew on when first pulled over was wrong and the real machine is correct, which means you could have been 0.18 cause alcohol leaves the body about 0.15 per hour. Looks like you might as well face the music. By the way, why were you operating a vehicle at all after consuming alcohol???????
heres the deal

Abingdon, VA

#15 Sep 19, 2012
skeptor wrote:
No I am not diabetic, but I do know that when I blew into the machine, it was the same machine even three hours later at the jail, the officer had me blow from the same exact machine that had mis read me three hours prior at 0.12 and then three hours later while I was in police custody the whole time I must add), I blew it again, for one final time because even the cop knew that I wasn't even drunk after being with me for three hours so he had me blow again and it came back up to 0.12 again! THREE HOURS LATER! I noiticed even he was surprised! I was later told that the jail would've had a different usually more through machine to use, but this officer used his same basic machine both times. Also, I had to blow about four times each before that machine even registerd a number both times!!
did they uuse the official blow machine at the jail????? If not, his shit of a breathalyzer you blow on the spot ain't goin to stand up at trial.If you didn't blow on the Real McCoy, then the cops is stupid---What was this a local yokel?
The Baron

Johnson City, TN

#16 Sep 19, 2012
Joe Blow wrote:
<quoted text>
Isn't Conway the "attorney" that has had some many DUI's that he has to go around town on a moped or is that someone else?
Yes he is.
Just Us

Germany

#17 Sep 19, 2012
By: DANIEL GILBERT | Bristol Herald Courier
Published: October 31, 2008

ABINGDON, Va.– For the son of a local judge charged with drunken driving, a visiting judge last week left the bench during the regular docket to hear the case in a vacant, overflow courtroom in Washington County General District Court.

The only people witnessing the Oct. 21 hearing for Matthew Randall Lowe were the presiding judge, a special prosecutor from Buena Vista, Va., Lowe’s defense attorney, the complaining state trooper, a member of the clerk’s staff and a bailiff, said the prosecutor, Christopher Russell.

When both parties emerged, they had reached a deal to strike the enhancing factor from Lowe’s high blood-alcohol content in exchange for his guilty plea – meaning he will serve two days in jail as opposed to the mandatory 10 days for a blood-alcohol content of 0.20 grams per 210 liters of breath or higher.

Lowe’s blood-alcohol content was tested at 0.24 – three times the legal limit – more than 100 minutes after the traffic stop.

Lowe, who turned 23 two days after the hearing, is the son of Circuit Court Judge C. Randall Lowe. Matthew Randall Lowe also was fined $250, given a restricted license, placed on probation for 12 months and sent to an area substance abuse program.
skeptor

Elizabethton, TN

#18 Sep 19, 2012
heres the deal wrote:
<quoted text>it appears u were ion fact DRUNK, the only thing from what u say is if you can prove miscalibration of the machine. Maybe the little breathalyzer you blew on when first pulled over was wrong and the real machine is correct, which means you could have been 0.18 cause alcohol leaves the body about 0.15 per hour. Looks like you might as well face the music. By the way, why were you operating a vehicle at all after consuming alcohol???????
No, Sir, I was not drinking at all!! That is the main point. Please don't be so harsh when you didn't know all facts. If I knew I had done wrong I would not be asking people on here for advice, I would own up to it. Thanks for your concern, but no I hadn't drank at all. BTW: Another point made eariler was that I blew on the same machine several times, including three hours later, it was still the same machine & the same total (which just don't seem right out of common sense. Thanks for your concern, but I was not drinking at all so therefore I feel that your comment to face the music and go on would be great, but in this situation it is not. I would agree with you if I knew the person was drinking to begin with. But as I said before, this was not the case. Thanks again for all advice!
skeptor

Elizabethton, TN

#19 Sep 19, 2012
Another thing, I was on my way home from work, which of course if a person was a drinker, which I am not, would not be doing it on the job at all to begin with.( AT least I would hope not.) Anyway, I have many people to witness that I had not had any drinks of any kind, Thanks again!
skeptor

Elizabethton, TN

#20 Sep 19, 2012
Looking back, I did take my Blood Pressure medicine and a zyrtec that night. I had a severe sinus infection from having surgery just five days prior. I also believe in facing the music if guilty. My brother wa caught with a DWI in the early 90's and he was in fact guily and would say so to this day. I am not trying to hide any info just needing strict advice. Thanks.

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