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I passed my field sobriety test and blew a .08 when I got to the jail. How likely is it that I can have my DUI thrown out on those grounds?
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Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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It is likely that you can have it reduced as part of plea negotiations or win an acquittal at trial.
Answered on Jan 31st, 2012 at 5:54 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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While a dismissal is always possible, based on the facts provided the probability in this case is very low. Field Sobriety Tests are not passed or failed. They are simple a record a part of the evaluation. Depending on the results, and the reason for the initial stop, a wet reckless might be possible.
Answered on Jan 30th, 2012 at 5:39 PM
I frequently have clients say they "passed the field sobriety tests," when in actuality no one really passes them. The point of the fst's is to establish probable cause to get you to take the breathalizer. I can assure you that the officer's report will say you failed the fsts. However, with a .08 you have should be able to get the DUI reduced to a wet reckless.
Answered on Jan 30th, 2012 at 2:51 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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No prior DUIs or dismissed DUIs? No "wet reckless" convictions? They might offer a settlement for a "wet reckless," a less important charge. Tell the DA you want all the evidence including the police report. Yes, you have a good chance of dismissal. You could tell the judge you want a jury trial. Would the DA want to spend the resources for a trial in your case? Find information via google about all the technical data you can demand.
Answered on Jan 30th, 2012 at 12:35 PM
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There's a lot more that an attorney would need to know to see whether your case is fightable. For one, is this your first DUI, did you take a breath test on the field prior to the one at the station and if so what was the result, when did you have your last drink, how much did you drink, etc? There's a lot of factors that go into a DUI case to see if you have a case that is fightable. With just the BAC, no attorney can tell you whether or not your case can be fought and won.
Answered on Jan 28th, 2012 at 10:21 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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There are a lot of other variables to be considered, but it is certainly possible to have the DUI charge dismissed. Potentially reduced to a lesser charge. There are certainly concerns that you may not be aware of. Although you may have done very well on FST's, the police report may reflect differently. Also, often times I have clients who think the breath test result was a .08 because their citation says. VC 23152(b) .08. Although obviously some people do have a .08 BAC, sometimes that is written on the citation to satisfy the statute (of meeting the .08 or higher) in order to charge VC 23152(b) along with VC 23152(a) - which does not require a .08 BAC or higher in order to charge or convict on DUI. I would recommend consulting with and hiring an attorney to look into your case in much more detail and defend it in court (and the DMV). Note you only have 10 days from date of arrest to request a DMV hearing or else be subject to a likely automatic license suspension once the 30 day initial temporary license runs out.
Answered on Jan 27th, 2012 at 8:58 PM
If by "can you" you mean "is it possible?", the answer is yes. If you mean "is it certain?" the answer is no. If by "thrown out" you mean dismissed without trial, it depends on the circumstances. It's possible that the traffic stop itself could be challenged, all evidence suppressed, and a motion to dismiss then granted. But, that would depend on the circumstances of your case. Even if the case can't be "thrown out" prior to trial, it's possible you could be acquitted. But, again, that depends on the circumstances. You should consult an attorney who can go over the details and advise you of your options.
Answered on Jan 27th, 2012 at 8:52 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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They had a reason to stop you - probably erratic driving so I doubt they will dismiss the case but you can certainly plead it down to a wet reckless.
Answered on Jan 27th, 2012 at 8:48 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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I'll tell you that nobody in the history of mankind has ever "passed" a field sobriety test. Everybody always feels like they nailed it, but trust me, you didn't. Hard to say how strong of a case the prosecution has without seeing the evidence myself, but it sounds like you need a lawyer.
Answered on Jan 27th, 2012 at 8:47 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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There's more than just the blood alcohol level. Why were you stopped? Equipment violation or because you swerved or had other "bad" driving? What was the time frame between drinking, driving and test? What (if anything) did you say about feeling the effects of the alcohol? And you can still be charged with DUI, even below an 0.08%. Keep in mind that the DMV will still yank your license and suspend it for 4 months if you don't take action and request a hearing within 10 days of your arrest. At a 0.08%, it's worth getting an attorney.
Answered on Jan 27th, 2012 at 8:47 PM