Circumstantial First Offense
My girlfriend was taking a few of her friends home from a bar in some one else's vehicle (with supposidly expired tags) and was stopped for failing to yield turning on a red light. Her BAC was .146, which they took at the police station. This is her first time offense. Supposidly her total points were 31 not including the expired tags. What is likely her punishment walking in pleading guilty? What if the officer administering the test doesn't show at court?
3 Answers from Attorneys
Re: Circumstantial First Offense
Your case appears to be in El Paso County and walking in and pleading guilty could result in loss of license for one year. She should talk to an attorney in the county where she is being charged. If El Paso or Teller County I will gladly speak to her.
Re: Circumstantial First Offense
It depends on the District Attorney and the Judge. If the officer does not show up in court, they can not use the test results.
Re: Circumstantial First Offense
Often, an attorney can get the DA to offer a DWAI (8 pts) and all other charges are dismissed. This will likely allow her to keep her drivers license.
The DMV will suspend her for 3 months or 1month/5 months probationary unless she requests a hearing within 7 days of getting the notice of revocation (probably happened at the police station right after the breath test - in the mail if a blood test). An attorney can often win a DMV hearing, but rarely if the officer is requested to appear. Request a hearing and she will get to keep her license at least until the hearing.
Officers do not often not show up at trial or DMV hearing. I would not count on that unless you have some credible inside information.
I hope all this helps.
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