If you plead no contest in court, can the decision be appealed if the arresting officer gave false information?
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If you plead no contest in court, can the decision be appealed if the arresting officer gave false information?
After doing well on the sobriety test and blowing a .08 the officer said that the legal limit was .07 and placed me under arrest, since I was not over the legal limit and my girlfriend who blew well under the limit was in the car should he have released me with her to drive us home? Also when arriving to the station he had me blow twice the first one he didn’t show and the other he said was a .1. Should I have even been taken in in the first place. I thought the limit was .07 because that is what he said. So instead of pleading not guilty, I plead no contest in court.
Asked on October 15, 2010 under Criminal Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to seek help from an attorney in your are as to the matter of attempting to vacate the plea and then the sentence. Did you have an attorney during the proceedings? If you did and they did not advise you of what was going on then I would seek other counsel as the issue of the appeal under possibly ineffective counsel. If you did not have an attorney then you may have been denied counsel (unless you waived it and did not realize it) and that is also an avenue to explore. You are correct that over .08 is considered over the legal limit in Ohio but what did you plead no contest to? If you blew the .1 in the station house then you were over the limit but that was well after the first blow and being brought in. Seek legal help.
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