One year ago my Driver's license was suspended for refusal to submit to intoxilyzer. I not only did not refuse, but asked on numerous occasions to take the test and be allowed to go home. I was, instead, arrested and taken to jail with three other charges being placed against me before the night was over (speeding, DUI, marijuana possession and refusal to sign the citation).
I have a CDL class A, Hazmat, tanker and explosive endorsement and am a certified crane operator. I also have a boat captain's license. Once the marijuana charge was placed against me I knew it would ruin all chances of me working for any other company requiring my skills and certifications. I know this sounds very self-serving, but I am not a low-life. I am a man of character, upstanding in the community and my profession circuit. However, because I do not have the means of hiring a high priced attorney, I am apparently forced to accept the injustice of, what I believe, was a mistake committed by persons on public payroll.
The intoxilyzer was not offered in the field. While in the booking station the booking officer was alarmed by the condition of the machine, as it was in an "unlocked box", which she commented about it not being in the usual method of storing the machine. At this point I was hesitant to submit to any testing on that particular machine. I did, however, request a blood and urine test since I knew this would be more conclusive and I did not want to risk the consequences to my driver's license. I also stated I would pay for the test. The booking officer continuously commented that I had "refused the intoxilyzer". Each time she brought that up I interjected, "no, I am not refusing. I will take the test with my attorney or someone else present." I was never allowed to call my attorney. In fact, my telephone was taken from me in the field and she never offered me a phone. My request was just totally ignored.
I have in my possession a copy of the video taken at booking which will show evidence of the above, and also have a copy of the pertinent portions of the court file as well as a copy of the audio from the jury trial. I had demanded and had a jury trial because i know I would be cleared of all charges. The only charge I was found guilty of was the refusal to sign the citation.
I am one of several hundred thousand people in the State of Florida who have a suspended driver's license. I now know why so many people drive on a suspended license, though I have not done so. I WAS DEALT AN INJUSTICE, and wonder how may of those thousands are in the same boat. I CAN GET NO ONE TO LISTEN TO MY COMPLAINT. Would you at least take the time to look at my evidence and view the tapes. I did attempt to get assistance at the DMV and court house within the prescribed time.
PERHAPS BY HELPING ME, YOU CAN ALSO HELP MANY OTHERS IN A LIKE SITUATION.
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