QUESTION
With my DUI, is there any probability that I can get this thrown out?
Asked on Mar 08th, 2013 on DUI/DWI - California
More details to this question:
I am currently being charged with a DUI with a BAC of .23%. The officer made the claim that I had almost hit him head on while making a turn. I have a witness whom was driving directly behind me when the turn was made. He claims that no one was there and I feel the same. In the officers reports, the statements vary between "pulled over for unsafe turn" and "pulled over for unsafe turn nearly causing collision." The officer also claims that I had "the odor of alcohol" on my breath. Which would be accurate due to the fact I cure my dipping tobacco with whiskey. That leads me to another issue; the chew was never removed during the breathalyzer. I waived my right to Thrombetta so the Alcotest breathalyzer is all I have being used against me, which I now know was a big mistake. I had consumed a total of three tall glasses of beer within a six hour period prior to my arrest. My witness was with me up to the point of making the turn. I work with him so he can confirm work conditions as well to explain my fatigue, red eyes, etc. he was with me from 2pm till 2:14am when I made the turn.
6 ANSWERS
Michael J. Breczinski
Under these facts you may just want to go to a jury trial. Get a lawyer.
Answered on Mar 11th, 2013 at 7:33 PM
There are essentially only a few ways that you can get a case dismissed. Either the prosecutor believes that he/she cannot prove the case beyond a reasonable doubt, you win a suppression motion due to illegal police conduct which amounts to a violation of your rights, or you win the jury trial. For DUI, the first and second scenarios rarely happens. In order to determine your likelihood of succeeding at a jury trial and all potential defenses that exists to you, you should contact a DUI attorney in your area.
Answered on Mar 08th, 2013 at 7:58 PM
Regular DUI punishment provisions kick in at .08. The aggravated dui punishment provisions kick in at the .15 level. Your test indicates .a 23 level. That's a heap of explaining away, even to simply get down to the regular dui range of punishment. The explanation of three 'tall' beers and whiskey laced chaw unnoticed by the officer and perhaps unmentioned by you at the time may serve to cut both ways. You definitely need counsel, and the sooner the better. The recently enhanced punishment provisions for agg. dui in OK extend for many many months after the revocation of license period is over.
Answered on Mar 08th, 2013 at 7:42 PM
3 Awards
This is a good case to defend
Answered on Mar 08th, 2013 at 2:50 PM
You need to hire a DUI specialist, because thats the only way you have a chance to get a reduction. DUI is very scientific. You need someone who knows the science behind it all.
Answered on Mar 08th, 2013 at 2:50 PM
Criminal Defense Attorney serving Oakland, CA
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You need to discuss this with a DUI attorney in your area. Under these facts, if they can be proven, you have a good case. Your question relates to having the charges dismissed is difficult to answer, most prosecuting agencies will not dismiss a .23 with a "near" collision, you will likely have to prove it to a jury of your peers. Again, a DUI attorney can help you with this.
Answered on Mar 08th, 2013 at 2:48 PM