Should I take my case to trial if the prosecutor denied looking at my case at all for a dismissal on DWI? I didnt blow, the officer didnt tape my field test at the scene, his superior had to redo a field test at the station which was taped. Or should I just go for the plea bargain? The huge problem is that the prosecutor that was going to consider my case for dismissal was assigned to another court, so now, this new prosecutor wont even budge on it. Is it worth risking?
2007-12-17 05:43:15 · 12 answers · asked by solelone 3 in Politics & Government ➔ Law Enforcement & Police
I was initially pulled over for speeding. I wasnt swerving or anything. I had 2 drinks at the bar in a matter of 2 hours. I got a late start and was really tired. I did well on the tests but I wasnt drunk. I was perfectly fine.
2007-12-17 05:59:07 · update #1
I live in Texas
2007-12-17 06:00:29 · update #2
It depends...if you refused the breath test or the blood/urine test, and you refused to answer any questions the officer asked you...then yes...they have no case against you except for speeding. If you refused the test, but answered the questions posed to you by the arresting officer...your words will be turned against you and you stand a good chance of conviction. Are they offering to reduce to a non-criminal offense? If so, I would take the plea. Make sure the prosecutor does not object to you attending alcohol school so you can get your restricted use license or conditional use...whatever it may be called in your state. Perhaps the prosecutor would let you plead to reckless driving in full satasfaction of all charges...that would be a good deal.
2007-12-17 06:23:24 · answer #1 · answered by Radar4925 2 · 1⤊ 3⤋
In Illinois, if you refuse to blow, you automatically loose your liscence for 3-6 months I think. Sobriety tests are not required to be taped here. Be honest, were you drinking? How many drinks did you have? Are you guilty??? I'm thinking that the answer is yes. Yes, you drank- probably enough to get pulled over for suspicion; Yes, you got behind the wheel of a vehicle; Yes, you put everyone out there in harms way. Taking your case to trial is not worth it. Take the plea, pay your fines & let it be done. Let it be a lesson to you that drinking & driving is not acceptable & make sure next time you have a designated driver. Good luck!
2007-12-17 13:53:47 · answer #2 · answered by Gypsydayne 6 · 2⤊ 0⤋
DWI is a misdemeanor for God's sake!
There are cops who have had DWI or DUI charges in the past, and they were allowed to become cops!
It's not a big deal.
You will still have your life, you will still be able to function in society with a misdemeanor. Just dont let it get to you!
And if the evidence stated you committed the crime, and you admitted to committing the crime (like you did just now), you have no way of saying that you are innocent!
Just accept the consequences to your actions!!!
2007-12-17 15:28:13 · answer #3 · answered by James Boroznoff 2 · 1⤊ 0⤋
If you don't have an attorney then you won't know how to properly represent you and cross examine the witnesses against you or apply it to law.
so if you don't want to pay for a decent dui attorney, then you might as well plead guilty and save everyone the time.
but it will probably cost you more on your insurance for a long time then the attorney will cost you....
don't wait until the last minute if you want an attorney to appear in court for you.
2007-12-17 15:47:43 · answer #4 · answered by Barry C 6 · 0⤊ 1⤋
if you were perfectly fine, then you should have blown. now, you are guilty. take it to trial. you will come out with your story of "I was fine, but I didn't blow" and "I passed all his tests". then the cop will show the video of you saying "acbdije9jrjstuvyjz" and you will lose. not blowing makes me think you are dumb, drunk or thought you were smart. didn't work out for you did it?
2007-12-17 16:19:01 · answer #5 · answered by Spoken Majority 4 · 0⤊ 0⤋
Get an attorney and see what he sayz, the standard for DWI is different from state to state. i would hope you wont make your final decison about this before consulting proper consel.
2007-12-17 16:56:08 · answer #6 · answered by Lance R 6 · 0⤊ 0⤋
If you refused the breathalyzer you will do much better to take a plea. In most states refusal is considered a fail.
2007-12-17 13:48:00 · answer #7 · answered by davidmi711 7 · 4⤊ 0⤋
if you were drinking and driving your GUILTY period. be a grown up and face the music. if you cant do the time then don't do the crime. you have endangered not only yourself and your passengers but everbody else in the community that you potentially came in contact with. next time call a cab, ride a bus, or have a designated driver. grow up and face the music you were wrong!!
2007-12-17 13:48:23 · answer #8 · answered by tomthefrog51 4 · 3⤊ 1⤋
Get a good lawyer. It doesn't look as if there is any proof.
Except maybe as mentioned above, if you refused to blow.
2007-12-17 13:51:15 · answer #9 · answered by Track1 4 · 0⤊ 2⤋
If you honestly feel like you are not guilty, then yes.
2007-12-17 13:47:51 · answer #10 · answered by wildflower 4 · 0⤊ 1⤋