QUESTION
need advice on fighting a dui case or should i even bother ,!?!?
Asked on Apr 07th, 2013 on DUI/DWI - Florida
More details to this question:
just curious if i have chance or take it n shut up. Got out of 8 yr abuse so friend invited me to eat. sat for about 3 hours ordered a beer n they gave me two happy hour . i drank one n half beers then headed home which is on 10 min away. half way home about 5 min later i got sharp pain in my side n felt sick. i pulled into gas station n instantly started vomiting. i then realized a police car was in parking lot. i sat in my car for a few trying to figure out what was going on n next thing i know the deputy i know the deputy knocks on my window n opens my door. long story short. my beer got turned into beers n multiple mixed drinks on report, Xanax that i have prescription was reported as taken hour earlier, field tests never done were reported as failed. at jail i tried to blow 4 times but cop wrote refusal. 3 days of vomit is not beer. DMV hearing only question attorney asked was about being sick n refusal so i lost. courts next. they will believe cop. after all dmv did.
1 ANSWER
Personal Injury Attorney serving South Pasadena, FL
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You have the option of entering a plea deal on the DUI in court or taking the case to trial. At trial the state must prove (1) you were operating or in actual physical control of a motor vehicle (2) you had consumed alcohol or controlled substances (3) your blood alcohol was over .08 or your normal faculties were impaired. In your case since there is no field sobriety test and no breath test it will be case of the officers opinion. There may be a video of you taken at the scene, or at the police station. Sometimes the video is helpful for your case, or harmful. Your lawyer will review all the evidence in the case, including the police report, officers notes, video tapes, etc and then advise you whether you should take a plea deal or go to trial. Without reviewing all the evidence in your case, it would be impossible for me to tell you what you should do.
Answered on Apr 09th, 2013 at 2:37 PM