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Dui In Ohio

Been involved in a traffic accident? Discuss traffic laws here

Dui In Ohio

Postby Tyeis » Mon Nov 28, 2016 2:23 pm

I an a retired civilian who worked at the Air Force Base for 29 years- I have a base pass and a sticker on the windshield of my car.  On Nov 5, 2002, I consumed 3 beers between noon and 2:30 PM.  At 3 PM I entered the gate at an Air Force base, and was stopped due to the odor of beer.  I was handcuffed, searched, had my car searched, and took the SFST.  I thought I had done quite well on the SFST even though I am almost 69 years old.  The officer who tested me said that "you did pretty good, but not good enough, and that we were going to get a breathometer test.  At the testing site, I was eager to blow in the machine to prove that I was not drunk and to get away from this unpleasant scene.  He read me the "implied consent" verbage and then asked if I understood.  At this time I said "no, not really" and asked to phone my lawyer for advice.  My request was denied, so I asked HIM what would happen if I didn't take the test.  He said that I would lose my priviledge to drive on the Air Force Base for a period of 1 year.  I was so eager to get out of this place that I said " fine- I just won't drive on the base for a year".  He said " are you refusing to take the test?" and I replied "YES- I won't drive on base for a year"..  At this point he began reciting a long list of things that would happen to me- loss of licence, jail, fines, etc.  I IMMEDIATELY said that I was unaware of these consequences, and asked several times very loudly to be allowed to take the test.  He called back to headquarters(he made a phone call to somebody), and returned and told me that I would not be allowed to take the test.  I was handcuffed and taken back to his headquarters where I was processed and released at about 5:45 PM.

I am not sure if I will be prosecuted under Ohio law, or the Air Force regulations- I kow that I will face a Federal Magistrate and not my home town Judge.  I am furious that I am being treated this way- I am a retired civilian worker that put in 29 years at that Base, and am concerned  that my lawyer, thru some slip-up will let this travesty of justice continue untill I really get into a very, very bad situation.  
Tyeis
 
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Joined: Fri Jan 03, 2014 1:21 am

Dui In Ohio

Postby Akavya » Sat Dec 03, 2016 3:25 pm

Mr. Wright,

You  will face a federal judge, I believe that the laws of the state apply.  You could be facing Ohio fines, and pentlies.

You need a lawyer to fight this. There are a number of challenges. Your lawyer is better to advise you.

The SFST'S are questionable, because of your age.  I believe that you have the right to recant your refusal.

Secondly there is a federal case out of Maryland that can help you with SFST'S.

I don't think that the odor is enough to make an arrest. There is no driving pattern. The only observation is the odor of an alcoholic beverage. Again that is not enough to arrest.

If I can be of further assistance let me know.

Good luck

Charles Smith
Akavya
 
Posts: 42
Joined: Mon Jan 20, 2014 9:50 pm


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