I've never been in any kind of trouble with the law before but was recently pulled over after a happy hour with coworkers. Turns out the place we were at is used as a DUI camping ground by the local police. We were out of town on business and did not know this. Just as I was about to turn into our hotel parking lot (1 mile away from the sports bar we went to), I was pulled over. I easily passed all tests, however was still booked. At the station the officer kept saying BLOW HARDER BLOW BLOW!!! I recently found out this could yield false results with the Intoxylizer machine. It registered .11 yet I was as coherent as I am right now. The solicitor will not reduce the charge. My atty says if I don't like the plea, bind it over to jury trial which is much more money. There was no video so I have no way of proving my side, and the officer is lying in almost *every* sentence in the incident report. However, with the .11 I don't know if I have any chance at winning. Advice?
2007-03-14 09:10:23 · 11 answers · asked by John Q 1 in Politics & Government ➔ Law & Ethics
There was no cause to pull me over, but my 2 witnesses who could agree, could be diced up by prosecution if I try to use them in court since they were drinking. This was in Georgia and none of the 3 of us live there. The report says we were "weaving numerous times" crossing lanes.. I could not believe my eyes when I saw this since it is a total lie, but there is no video used in his car. The stop was certainly illegal, but I cant prove it. I passed all tests easily but I have heard when they say to "blow harder!! blow harder!!" they do this when they are in jeopardy of being wrong, so they want the last bit of breath from the bottom of the lungs where more alcohol is present, but isn't truly "a breath". Either way, is there any possible way to convince a jury of all this if I went to trial, or even that the BAC was incorrect as read by the machine? With the illegal stop, lying about the lack of balance in the report, and forcing me to blow the cop should be going to jail
2007-03-14 10:44:08 · update #1
It is UNCONSTITUTIONAL for a judge to increase the penalty on any case for going to trial. There are cases in every state which point this out. So assuming the DA is not REDUCING the charges, then turning it down and losing at a trial will net the same results.
Dr. Hlstalla, a noted expert in this field, has proven what you articulated. Blowing harder INCREASES the results. Additionally, if you had recently finished drinkin and the breath test was about an hour later, the results are NOT what you were when driving, but instead will be higher than you were. This is known as a rising alcohol syndrome.
Every case is different and the attorney you have hired, assuming he or she is qualified (Which can be checked on the web by going to the National College For DUI Defense, www.ncdd.com) will have the best knowledge.
DUI's can and are succesfully defended daily in this country. WE all still have a right to a trial and can not be punished for exercising that right. If there is no downside, then why not try.
REMEMBER 100% of all people who plead guilty are found guilty, the odds for conviction go down from there.
Bruce Kapsack
2007-03-18 07:56:56 · answer #1 · answered by Kapsack & Bair - DUI Lawyers 2 · 0⤊ 0⤋
1
2016-06-03 02:32:54 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Find a reason that the .11 is inaccurate or misleading. A medical expert could testify that it takes x amount of time for alcohol to reach your bloodstream, and that at the time of driving, your BAC might've still been below .10 (if that is the legal limit) but went higher by the time you were at the station because you took a shot right before leaving (and it didnt affect you while you were driving, since you say it was only a 1 mile drive).
An expert in the application of the machine could testify that the force by which you blow may distort the results.
You could even have the machine result thrown out because it occurred subsequent to an illegal arrest. By passing the field sobriety tests (subpoena for the dashboard cam video of the copcar if it exists and shows you passing and/or the officer acknowledging that you passed) you could argue that there was not probable cause to arrest you.
I hate cops.
2007-03-14 09:22:36 · answer #3 · answered by lingt69 3 · 0⤊ 0⤋
Take whatever the DA offers you. DON'T go to trial, you will end up spending more money for the same outcome. There is pretty much no way of winning a DUI case anymore because of MADD and other organizations that have followed. The judge will not side with you ever in a DUI case, my advice, take the guilty plea and get the whole thing over with as soon as possible!
2007-03-14 09:18:28 · answer #4 · answered by Peach 2 · 0⤊ 0⤋
IN response to your question, you should hold out until the last min to take the plea most times the pros acuter wont spend the money and will drop to a attempt to DUI, which is a lot less money and paper work. also write a letter to the police chief in that area ,it will go in that officers file shame on him.
2007-03-22 02:15:35 · answer #5 · answered by Dawn L 1 · 0⤊ 0⤋
Except plea but negotiate harder. Cut the best deal possible. Get it in writing.
2007-03-14 09:17:49 · answer #6 · answered by Laughing Man Copycat 5 · 1⤊ 0⤋
Take your lawyer's advice, whatever it is. He's more familiar with the sorts of people who may make up your jury. I assume he's more familiar with the impression you and your friends may make on a potential jury as well.
2007-03-14 09:21:13 · answer #7 · answered by webned 6 · 0⤊ 0⤋
Take your lumps, accept responsibility for your actions and stop trying to make excuses. Cop a plea.
2007-03-20 14:49:02 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer. Never go into the legal system without one!
2007-03-14 09:19:44 · answer #9 · answered by Anonymous · 0⤊ 0⤋
you might have felt OK, but the level the drink was to high. do the crime pay the crime. don't drink and drive.
2007-03-22 06:54:49 · answer #10 · answered by J 4 · 0⤊ 0⤋