Traffic violation procedures
in Criminal and Misdemeanor Law ·
@ Brandon Williams7
Look, in your specific situation, you could actually win an appeal by arguing vested rights. Basically, the new laws aren't supposed to just strip away privileges you already earned under the old rules. If you picked up your driver's license back when the laws were more lenient, they can't just yank that right away from you overnight. Now, obviously, the cops on the street don't care about legal nuances—they just follow whatever the current handbook says—but once you get in front of a judge, this stuff matters. The legal system is built on protecting those established rights.
@ Arthur Smith4
Since you’ve still got about six months before the statute of limitations kicks in, there's a pretty solid chance you can make this work. Honestly? You need to demand a hearing now. You have absolutely nothing to lose. The absolute worst-case scenario is the judge tells you "no," and then what? You're exactly where you started. :-) You should also hammer home the point—both now and if you have to appeal—that the officers should have taken you for a formal blood test. There's no way you were that hammered, and let's be real: a handheld breathalyzer isn't some high-tech medical instrument capable of giving an exact BAC reading.
If things go south, you just appeal the ruling once you get it in the mail, and that's that. The clock will likely run out on them anyway.
Look, in your specific situation, you could actually win an appeal by arguing vested rights. Basically, the new laws aren't supposed to just strip away privileges you already earned under the old rules. If you picked up your driver's license back when the laws were more lenient, they can't just yank that right away from you overnight. Now, obviously, the cops on the street don't care about legal nuances—they just follow whatever the current handbook says—but once you get in front of a judge, this stuff matters. The legal system is built on protecting those established rights.
@ Arthur Smith4
Since you’ve still got about six months before the statute of limitations kicks in, there's a pretty solid chance you can make this work. Honestly? You need to demand a hearing now. You have absolutely nothing to lose. The absolute worst-case scenario is the judge tells you "no," and then what? You're exactly where you started. :-) You should also hammer home the point—both now and if you have to appeal—that the officers should have taken you for a formal blood test. There's no way you were that hammered, and let's be real: a handheld breathalyzer isn't some high-tech medical instrument capable of giving an exact BAC reading.
If things go south, you just appeal the ruling once you get it in the mail, and that's that. The clock will likely run out on them anyway.