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I got pulled over at night and was told by the arresting officer that I was swerving. That made sense as I was on my phone instead of paying full attention to the road. He asked me if I'd been drinking and I told him I had consumed about 3 beers. He had me do their field sobriety tests but only had me do leg balance after the initial eye test. The leg balance was on my leg that I had recently had surgery on in the last 5 months and I told the officer that I had plates and screws in my lower leg. I then refused the breath test and did not blow at the station. The officer charged me with DUI 2nd but I'm wondering if anything can be done.
5 ANSWERS
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You may be able to work out a plea bargain and it helps if you have a lawyer represent you and look at all possible issues and defenses.
Answered on Dec 14th, 2012 at 1:06 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 14th, 2012 at 12:10 AM
You better hire a DUI specialist fast, because you have only 10 days to save your license from one long revocation.
Answered on Dec 13th, 2012 at 1:21 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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While DWI cases often seem skewed in favor of the prosecution, there is some chance that an assertive defense showing that too few Field Sobriety tests were completed, and that for physical reasons you could not perform one of them, might be helpful in challenge the grounds for the arrest. Some counties are tougher, some easier, on dropping DWI down to Reckless Driving, but it can be accomplished at least some of the time. Please keep in mind that if the cop has grounds to believe you were driving while impaired by alcohol, you can still be charged, even if the chemical tests are suppressed.
Answered on Dec 13th, 2012 at 1:15 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Tough case. Some counties have a no plea policy on DUI cases to begin with. I suggest you hire a really good criminal defense lawyer who knows how to defend a DUI.
Answered on Dec 12th, 2012 at 2:25 PM