QUESTION
What are the chances of my case getting dismissed if my attorney stated that he got my discovery with .08 BAC level?
Asked on Aug 14th, 2013 on DUI/DWI - California
More details to this question:
He said that I would have to show up for court too. The court had entered in my information wrong making my last name incorrect.
4 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Getting your case dismissed is slim at best, but a plea bargain to a wet or dry reckless may be possible.
Answered on Aug 16th, 2013 at 6:50 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You can be convicted for driving with .08% or more alcohol in your blood, but since it is on the line your attorney could argue for a wet reckless to lower the fines and possible jail if you violate probation.
Answered on Aug 15th, 2013 at 11:29 PM
Civil Practice Attorney serving Encinitas, CA
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Law Offices of Ramona R. Hallam
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If this was a blood test, you might obtain a lower BAC if your own lab retests the blood. A level under .08 increases your odds of obtaining dismissal. However, the prosecutor will still want to get you on a wet-reckless charge or a VC 23152(a) DUI charge. Dismissal is usually based upon lack of probable cause for the stop, or a showing that at whatever level, you were not impaired. This often takes a trial.
Answered on Aug 15th, 2013 at 4:56 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If your blood alcohol concentration is .08, or above its possible that your case will be dismissed but not without some solid legal problems with the case, not just simply .08. If your lawyer is a fighter, good things can happen.
Answered on Aug 15th, 2013 at 4:56 PM