More details to this question:
I was drinking in a private home in Nebraska. I was staying the night. At 3am two guys showed up, one pulled a gun and started shooting. I took off scared of getting shot. I got in my car planning on driving a few blocks to a local business to call my parents to come get me. Meanwhile, police arrived, pulled me over, said they were searching for the guy with the gun. I thought I was waved off, so continued, another officer came after me, wanted to know why I didn't stop. I explained I thought he had waved me on, the second officer said he thought he could smell alcohol and had me get out of the car. He had me to a field test after I told him I was recovering from a severe sprain ankle, and breathalyzed me. I blew a .095. The gun man never arrested. Is this a possible dismissal? I live in Iowa.
1 ANSWER
Personal Injury Attorney serving Omaha, NE
Partner at
Chandler Conway, P.C., L.L.O.
You will not automatically dismissed, but you definitely have some arguments that can be made based on the mitigating circumstances. You should contact a DUI lawyer in your city to discuss your options. Technically, you were driving under the influence; the questions is whether officers had probable cause to stop you, and if they did, do the circumstances merit you being given a break.
Answered on Nov 23rd, 2011 at 2:46 PM