hi i am 18 years old and a week ago i got a section 1192-a operating a motor vehicle after consuming alcohol (person un age 21). i blew a .06 but i was not pulled over. i was already pulled over on the side of the road changing my flat tire and the cop pull up. my engine was off the doors were shut and i had my hazards on. is there anyway i will not be convicted because i was never operating a motor vehicle when the police officer pulled up. my engine wasnt even on.
3 Answers from Attorneys
Unfortunately, there is some bad caselaw regarding similar circumstances. In essence the court asks how you got to that spot and presumes you were drunk driving. It is however a good factualk issue for a jury if you can elaborate on it. However, based on your age your atty should be able to get you a favorable plea bargain.
You have an arguable defense for a jury. You blew a impaired reading and not an intox reading,this is good. Your coordination tests must be reviewed as well as all the other police records. You should retain a competent DUI/DWI defense attorney to protect your rights and future interests. I handle these matters on a regular basis. You may contact my office @7188340087 for a free phone consultation.
It would be highly recommended to have an experienced lawyer with you defending you and preserving your rights in court. It would also greatly increase the chance of lowering the charges or possible dismissal. We have substantial experience handling these types of cases and reasonable fees, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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