1. And look at sections 1 and 4—they list the exact same timestamp for both the initial stop and when they blew me into the breathalyzer.
2. I checked the boxes saying I consent to the testing, that I’m not being deceptive, and that I’m not requesting any expert medical review or blood/urine samples.
3. I honestly told them straight up that I'd had two beers a few hours earlier, but they recorded it as "0.5 liters of beer one and a half hours before the stop."
Some people are telling me I should argue that they didn't actually hand me the citation, but that it was already printed out and sitting in the machine! As far as everything else goes, it all looks pretty standard: the address, the license plate number, the officer's name and badge, the hat, the vest—all that stuff. The only weird part is that by the time he approached me, I had already stepped out of my car and was heading toward the door to lock up, while their patrol car was just idling behind the corner. He asked me where I was headed, and I told him I was going to see my girlfriend. To that, he snapped back with some nonsense about how I couldn't just pull over and then throw it in reverse, which is something I NEVER did—I simply stopped the car and got out.
Alright, I put this together and honestly, I’m feeling pretty good about it: obviously addressed to the misdemeanor court via the highway patrol...
Within the legal timeframe, I am filing an appeal against the aforementioned precautionary measure order dated June 29, 2007.
The highway patrol, citing Article 138, Section 4 of the misdemeanor law due to suspicion that I violated Article 199, Section 6 of the road traffic safety act, suspended my driver's license from June 29, 2007, to July 2, 2007.
Article 285, Section 1 of the road traffic safety act states that a police officer shall temporarily seize a driver's license and remove the driver from traffic; meanwhile, Section 3 of that same Act specifies: "Pursuant to the provisions of Section 1 of this article, the driver's license is temporarily seized until the reasons for its seizure cease, for a maximum period of 30 days."
It is my position that the highway patrol is obligated to return my driver's license immediately once the reasons for the seizure no longer exist, rather than waiting 72 hours after the precautionary measure order was handed to me. Therefore, such a legal order and its continued existence no longer carry any legal weight.
Given the facts stated above,
I propose
that precautionary measure order number: xxxx-xxx-xx-x dated June 29, 2007, be vacated.
Got it. I actually cited that specific article in my appeal, basically arguing that since the circumstances that led to my license being suspended are now behind me, I should be allowed to drive again. Since I already suggested in my initial objection that the misdemeanor court vacated order should be issued and the case sent over for a regular trial, I’m wondering—if I file an appeal against this precautionary measure order, should I explicitly state something like, "Based on the aforementioned, I request that this precautionary measure order be vacated, declared void, or... what exactly??"
Or am I basically hitting a dead end once I've already laid out my reasons for wanting my license back?
Appeal against precautionary measure order number: 51xx-xx-xx dated June 29, 2007.
Within the legal timeframe, I am filing a formal objection against the aforementioned precautionary measure order from June 29, 2007.
Citing Article 138, Section 4(a) of the misdemeanor law, the Highway Patrol suspended my driver's license from June 29, 2007, through July 2, 2007, based on suspected violations of Article 199, Section 6 of the road traffic safety act.
In this specific instance, I believe there is absolutely no legal basis for such an extended suspension of my license. Furthermore, it is my position that the Highway Patrol is obligated to return my license once the underlying circumstances necessitating the seizure have been resolved, rather than simply waiting out a mandatory 72-hour window.
---- Do you guys think I should add anything else...? The thing is, I've been digging through the statutes and I just CANNOT find any mention of the license being returned once the circumstances cease... that's what's really tripping me up.
Honestly, hands-on experience is exactly what most students are lacking these days.
So, here’s my situation: I’m looking to appeal this driver's license suspension. My main gripe is with the timing regarding how the suspension kicks in. I’m arguing that the circumstances surrounding my license being taken away were handled poorly—specifically, whether it should take effect immediately, or if there's a twelve-hour window similar to how police can hold pedestrians until they sober up. I’ve been digging through the road traffic safety act, but I just can't find any specific provision that allows me to challenge this particular precautionary measure order based on those circumstances. Does anyone know of a legal argument I could actually lean on? It’ll eventually go before a judge, and hopefully, my license will be returned in the meantime, but I’m genuinely worried my appeal won't hold water because I don't know which specific statute or article to cite. Any ideas??
So, I was looking into the misdemeanor law, specifically section 138. That’s the part they cited in the precautionary measure order. And yeah, you can definitely file an appeal, but the catch is that it doesn't actually stop the order from being enforced right away. It got me thinking—it might actually be worth appealing just to see what happens. Is it even possible for the same case to end up going two different ways if it lands in front of two different judges? It feels like such a wild loophole... I’m going to spend a little more time digging through the misdemeanor law to be sure, but I’ll go ahead and draft what you suggested, urbanraven16. I'll touch base with you once that's done!
The order number for the precautionary measure doesn't match the citation number, so I’ll go ahead and use that specific order number to follow the steps you suggested. Actually, looking at the paperwork, there isn't any language in the order itself stating that an appeal is permitted. As for what I said earlier about this being a 72-hour measure—I actually just picked that up from an attorney I was chatting with. She mentioned it casually, basically saying, "Yeah, that's standard procedure, but if you really think taking a firmer stance is going to help your case, then by all means, go for it."
One more thing: when I'm explaining my side of the story—specifically arguing that the police action wasn't legally justified and that my driver's license should be returned the moment the grounds for seizure expire (which would be either the next morning or after the 12-hour mark)—which specific article or section of the law should I be citing? I'm asking purely for my own knowledge so I can be prepared.
Alright, here’s the breakdown of what happened: 1. The citation was issued early in the morning on June 29th. 2. I’ve already received all three official documents in the mail. 3. The order regarding precautionary measures states they can take my driver's license, but since the law counts 72 hours after the incident—and weekends don't count toward that window—that would put the deadline in the early morning hours of July 2nd (which is actually when I first got the ticket). 4. I went ahead and filed an objection. To be honest, I don't know a ton about how those sprayers work, but I assume it's pretty standard: I'm submitting this formal protest to the municipal court through the local police department within the legal timeframe, requesting that we move to a regular trial instead. I didn't go into a massive amount of detail in the reasoning; I just stated that "I am filing this objection because I did not commit the violation as described." I forgot to mention one thing, though—before the officer even approached my car, I had already stepped out to lock up while he was standing over by a corner. Truth be told, I knew he was there, but I was just parking the car. He didn't pull me over with a signal or anything; he just walked straight up to my vehicle and asked for my ID. Do you think that gives me any solid ground for an appeal once I actually stand before the judge?
Look, I definitely wouldn't be starting this thread if I were an alcoholic or if this kind of thing happened to me every single month. I have a buddy who’s reached the point where I can't even look at him without thinking about how he's one step away from getting his driver's license permanently revoked, and believe me, I have zero desire to end up like him. That isn't me, and I am genuinely going to learn my lesson after making such a stupid mistake. If you can help me out, I’d really appreciate it—but if not, please save the moral lectures for someone else, because I am fully aware of the mess I've made!
I feel like I’m forced to start a thread about a story that’s probably been told a thousand times before, but I figured I'd post it anyway just in case a new member joins who might actually have some insight to offer me.. ******** So, around 2:00 AM this morning, the police pulled me over. My BAC came back at 0.86 (which was later adjusted to 0.76), and I ended up getting $667 fines, three points on my record, and a three-month license suspension (I’m going to pick up my physical license in a few days, so then I’ll just be waiting for the actual suspension period to kick in) I’ve already drafted my appeal, and I'm planning to mail it in a couple of days. I didn't go into detail in the written version since I didn't think it was necessary, but it’s got me wondering: what happens if a judge asks me directly how I committed the offense? What should I say? Also, does anyone know how long it typically takes for an appeal to be processed? Once I have my license in hand, can I keep driving until the appeal and the entire legal process are officially finalized? Is there any chance this whole thing could hit the statute of limitations, and if so, when does that clock actually start ticking? ..I signed the report and the citation, and they handed me the paperwork regarding the precautionary measures. This is my first time ever dealing with something like this—I’m still a student, just one more final exam left before I graduate... does anyone have any advice or help? Can someone walk me through what this process looks like?! Thanks in advance, legalmind@yahoo.com