actions i need to take. If i was stopped and accused of DUI the officer made me perform at least 4 tests to try and prove that i was unable to operate a vehicle, i had been drinking but not to the point where i couldn't operate a vehicle, i'm about to have a jury trial come up and i was told that i should plead guilty because i'm not suppose to drink anything well i feel that doesn't make since because that wouldnt make since for bars and such where people have socialble drinks all the time and duh the whole world does so i felt there would be cops on everyone all day. legal limit is .08 and i blew just that. i felt i passed all the test to prove i'm able to operate a vehicle to get home at least. I have a jury trial coming up but a PD tried to get me to plead guilty saying the field test dont matter i blew .08 nothing matters so i was wanting to get some insight from experienced attorneys on my chances or any advice that they may have. THANKS
2007-10-16 03:15:58 · 7 answers · asked by AMP B 1 in Politics & Government ➔ Law & Ethics
Take it to trial. There's a good chance the jury might agree with you.
2007-10-16 03:19:17 · answer #1 · answered by Anonymous · 0⤊ 1⤋
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2016-06-03 01:04:09 · answer #2 · answered by ? 3 · 0⤊ 0⤋
If you blew the legal limit and not over and would plead not guilty BUT if you Did go over (which I assuming you Had to have blown over if you were arrested) you might as well plead guilty... I don't know what state you live in but here in Louisiana you end up paying like 1100, take some DWI classes, do 32 hours of community service and your drivers license it sometimes suspended sometimes not (according if you really need to to go to work and such) I hope this works out in your favor but next time no drinky drinky before getting behind the wheel of a vehicle! :)
2007-10-16 03:28:23 · answer #3 · answered by ckverzwyvelt 2 · 1⤊ 0⤋
in New York, any drink at all can be prosecuted as an impaired driver. anything over the limit of .08 is DWI
if you blew exactly .08 by the time they got the test for you, they will assume you were higher (they will calculate the last time you had a drink versus the time it takes to metabolize it) and they will come up with a higher number in court.
sounds like you're definitely in serious trouble, get a lawyer
2007-10-16 03:36:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Dump the PD and get a real lawyer. You can't afford to proceed with this deadhead.
However, if you blew a .08, that's it as far as all the state needs to prove their case. You need a good attorney to try to get the test tossed.
FYI, just because you THINK you were OK does NOT make it so. Most drunk drivers think they're doing fine, even when they're all over the road or have even hit someone or something.
2007-10-16 03:28:44 · answer #5 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Being that you were right at the limit and passed the field tests, I would take it to court since it is a jury trial. There's a chance you could get it reduced to reckless driving. I had a buddy in the exact same position and everyone kept telling him that there was no way to get out of it since he took the breathalizer - but, he did somehow.
2007-10-16 03:26:48 · answer #6 · answered by Mister Heckles 4 · 1⤊ 0⤋
The plead guilty plea keeps it off the court docket and puts a few bucks into the pockets.....but going through a trial isnt a piece of cake either......and the facts are if its 0.8 or above its to high and legally you were under the influence.....and if you lose your case not only will a fine be incurred but you will have to pay all the court costs......so stop and think about your options..........a little now...or alot later !!
2007-10-16 03:21:17 · answer #7 · answered by hghostinme 6 · 1⤊ 0⤋