If you plead no contest in court, can the decision be appealed if the arresting officer gave false information?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption