QUESTION

How do we fight a demonstrably false DUI charge?

Asked on Jul 29th, 2014 on DUI/DWI - Texas
More details to this question:
My fiancé had a seizure while driving and rear ended the vehicle in front of him at a speed of less than 5 mph. The officer who responded falsely identified the post-seizure symptoms (drowsiness, confusion, amnesia) as intoxication and arrested him. When the officer got him to the station, the station nurse recognized his symptoms as something other than intoxication and he was brought to the hospital. A blood test came back negative on all intoxicants, but because the paperwork had already been processed, his charges went through. He previously hired a DUI defense attorney who attempted to get him to accept a plea bargain¿however, he does not want to accept punishment for a crime he did not commit, especially considering the long-term consequences. My fiancé has since been prescribed seizure medication, and has a signed letter from his neurologist that he has been seizure free for over six months. Wouldn't it be better in this instance to fight the charges, considering the evidence?
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1 ANSWER

There's no question he should fight that case. The medical records can be used to try and compel the DA to dismiss the charge. If they refuse to dismiss, those same records can be used to embarass them at trial. No way in the world he should take a plea on those facts. Never.
Answered on Jul 30th, 2014 at 12:29 PM

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