QUESTION
How can I get out of the DUI charge if the tape of my sobriety test has disappeared?
Asked on Jul 06th, 2013 on DUI/DWI - Missouri
More details to this question:
I was arrested for driving under the influence due to failing a field sobriety test. I was also cited for careless and imprudent driving. The officer told me I was to take a breathalyzer, but let me go without taking the test when picked up. I was pulled over due to my tire going over the shoulder line on the road. The tape of my field test has seemed to disappear. The lawyer I hired seems to be more concerned about taking my money and a plea (had to argue to get him to have careless and imprudent dropped). This is my first offense.
7 ANSWERS
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
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This is a question you should ask to your attorney as he or she is much more familiar with the case than an attorney who has not reviewed your file or worked your case. Did you have your DMV hearing yet? Did you request one on time? If so, although there is a fee to the arresting agency, you can have a chance to question the cop about the field sobriety tests and initial stop at that hearing. If useful information comes from that, it can be used to help your criminal case. Another possibility is a suppression motion. And of course, going to trial to cross examine the officer. Again, your attorney should be advising you as to options and pro's and cons of trial, etc, which can vary from case to case. If you feel that communication between you and your attorney has disappeared, you may want to consider hiring a new attorney to take over your case. Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.
Answered on Jul 10th, 2013 at 11:52 PM
Michael J. Breczinski
Well you can try to get the matter dismissed since possibly exculpatory evidence is now missing through no fault of your own.
Answered on Jul 10th, 2013 at 2:54 PM
Automobile Attorney serving East Lansing, MI
at
Nichols Law Firm PLLC
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File a motion to suppress any testimony to your field sobriety test performance.
Answered on Jul 10th, 2013 at 9:07 AM
Time to change lawyers.
Answered on Jul 09th, 2013 at 8:44 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Your attorney should have filed a discovery request asking to review the tape and if it is not available, have the prosecutor's office explain what happened to it.
Answered on Jul 09th, 2013 at 7:25 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You should discuss your case with another lawyer, there are many lawyers who aren't interested in anything except a quick guilty plea. Bring your police reports and other documents with you to the meeting, the lawyer should be able to give you analysis of your case and a path forward. A motion should be brought regarding the missing video, it may result in evidence being excluded. A word to the wise, a cheap lawyer is unlikely to go to the mat for you.
Answered on Jul 09th, 2013 at 7:25 PM
1 Award
Without the video tape, you have a stronger case, and a jury is more likely to acquit. However, that does involve going to trial and taking a risk. A judge is unlikely to dismiss based on the disappearing videotape. though.
Answered on Jul 09th, 2013 at 7:25 PM