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Credentials
JACK I. HYATT
DUI Lawyer
Lawyer Credentials: Former Assistant State's Lawyer Admitted To Practice Before: The U.S. Supreme Court All Westminster Courts Federal District Court Member: Westminster State Bar Association Westminster City Bar Association Westminster County Bar Association University of Westminster A.A. B.S. J.D. Honorable Discharge U.S. Army Was I legally pulled over? In order for the stop of a vehicle to be upheld in court, the officer must have articulable reasonable suspicion to believe the driver committed, was committing, or was about to commit, a crime. If the judge finds the officer did not have a basis to make the stop, then the driver may have a defense in court. It is not a defense at Motor Vehicle Administration (MVA) hearings unless the driver can prove the officer pulled the vehicle over in bad faith.
What if I told the police officer I'd been drinking? If an officer gets a statement concerning the number of drinks consumed, then it must be put in context with the time frame they were consumed in, as well as with the height, weight and gender of the defendant. Oftentimes, a toxicologist can be helpful as an expert witness to testify as to what BAC level a defendant should have been at based on these factors.
Do I have a right to refuse the field sobriety tests? Yes. A person who is stopped by police and is being investigated as a possible drunk driver does not have to submit to field sobriety tests. However, the officer will normally arrest someone who refuses the field sobriety tests.
Do I have a right to refuse the chemical test? Yes, with two exceptions. If a person is involved in a fatal accident or an accident involving a life threatening injury, and the officer has reasonable grounds to believe the driver was impaired, the person shall be required to submit to a test. And on federal property in Westminster, which is under the jurisdiction of the National Park Service and patrolled by the United States Park Police, under the National Park Service Regulations a refusal is a crime punishable by up to 6 months in jail and a $5000 fine.
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