DrivenMind
11-13-2008, 03:12 AM
I headed to court in a few hours, to supposedly have my case dismissed. Due to the following on behalf of the Kennesaw City Police Department.
They did not have probable cause to pull me over in the first place.
They did not read me my rights, before using my testimony as grounds for self incrimination.
They detained me illegally.
Now here's my big question. Due to implied consent, my drivers license is currently suspended. But I did not openly refuse a field sobriety test, I asked the police officer, "well if you're just going to arrest me anyway, why should I?" to which they responded "just cuff him" and I was not offered a Breathalyzer.
So now I'm wondering if I can get my license back when I go to court today, due to the fact that whole thing has been thrown out. According to Implied Consent you have 10 days to get a lawyer, and contest the charges against you. Unfortunately it took me much longer than that to have my case moved to Cobb, and obtain a court appointed lawyer. So what do you think? If the case is being dismissed due to officer misconduct, should I probe the judge and see if she can repeal the license suspension? Any ideas or thoughts on this subject would be greatly appreciated.
They did not have probable cause to pull me over in the first place.
They did not read me my rights, before using my testimony as grounds for self incrimination.
They detained me illegally.
Now here's my big question. Due to implied consent, my drivers license is currently suspended. But I did not openly refuse a field sobriety test, I asked the police officer, "well if you're just going to arrest me anyway, why should I?" to which they responded "just cuff him" and I was not offered a Breathalyzer.
So now I'm wondering if I can get my license back when I go to court today, due to the fact that whole thing has been thrown out. According to Implied Consent you have 10 days to get a lawyer, and contest the charges against you. Unfortunately it took me much longer than that to have my case moved to Cobb, and obtain a court appointed lawyer. So what do you think? If the case is being dismissed due to officer misconduct, should I probe the judge and see if she can repeal the license suspension? Any ideas or thoughts on this subject would be greatly appreciated.