Hello

Well thats just part of it, I was charged with a DUI after leaving the bar, i only had 3 drinks in three hours! I didn't know the area very well and looked down for a second and hit a curb. Because I didn't do any damage I kept driving. They pulled me over and arrested me, charging me with evading and a DUI....... heres the catch the legal limit in CT is .08 I was .085.... they also didn't read me my rights til after I got to the station..... I just wanted to find out if they can charge me with evading since I did no damage....

not an legal expert.
#1 your Alcohol level exceeds legal limits justifying the arrest.

evading Im almost sure means they felt you were trying to evade them not the curb.

If you left after hitting the curb, yes they can. My advice: get an attorney.

The hitting of the curb was the "Probable Cause" to pull you over. The reading of your rights is determined by the breathalyzer results,unless you were falling down drunk, in which case it would have been on the side of the road.

I used to be a deputy as well..the evading is hard to call. If you saw them behind you,and did not stop, they have you. But, if you simply hit a curb,and then kept going, speak with a qualified attorney. Which is what you need to do anyway..

The hitting of the curb was the "Probable Cause" to pull you over. The reading of your rights is determined by the breathalyzer results,unless you were falling down drunk, in which case it would have been on the side of the road.

I used to be a deputy as well..the evading is hard to call. If you saw them behind you,and did not stop, they have you. But, if you simply hit a curb,and then kept going, speak with a qualified attorney. Which is what you need to do anyway..

thats the thing I wasn't..... they pulled me over 2miles away, and when they put their lights on I pulled over immediatly

I was never told I was under arrest, they just slapped handcuffs on me and put me in the back of a cruiser. They then read me my rights when I got the station, and they shortly after they gave me the breathlyzer

The act of putting someone into a squad car, or putting them in handcuffs, by definition, is arresting them. The door can be opened, or the cuffs removed without any charges being filed.

Technically, your under arrest once the lights/siren are activated.

on the laws of evading responsibility.... anyone??

Really? Does that mean they did everything accordxing to the book?

I though you had to have your rights read when you arbeing put under arrest.... no?

The hitting of the curb was the "Probable Cause" to pull you over. The reading of your rights is determined by the breathalyzer results,unless you were falling down drunk, in which case it would have been on the side of the road.

I used to be a deputy as well..the evading is hard to call. If you saw them behind you,and did not stop, they have you. But, if you simply hit a curb,and then kept going, speak with a qualified attorney. Which is what you need to do anyway..

no....actually you are read your rights when you are being charged.
all that is trivial though, they had probable cause, YOU need an attorney now !!!!
more than likely the charges will be reduced or dropped!!!!

That is an expensive lesson to learn on Drinking And Driving. Would have been cheaper to get a Taxi. Wish you well.

I cannot afford a lawyer unfortunatly.... I am trying to gather information and literature to better prepare myself.

I cannot afford a lawyer unfortunatly.... I am trying to gather information and literature to better prepare myself.