There is no physical evidence. Do I have a good chance of beating the case
I went though a red light and had a accident with another vehicle. There was minor injuries.I refused the breath test and won the refusal hearing. No blood was took. With no evidence do I have a good chance of winning the case? I was offered a plea of impaired-violation. Should I take the plea or go to trial. I think the DA is trying to scare me and or bankrupt me by postponing the case. If I take the impaired my insurance cost will still go up and I might have problems with future employment. Do you think I can ask for the record to be sealed after certain time or maybe have the charge droped to a red light violation. instead of a impaired violation. To me a impaired would hurt me much more than another violation like a red light or reckless driving. I have to choice in the next few days.
Thanks in advance.
2 Answers from Attorneys
Re: There is no physical evidence. Do I have a good chance of beating the case
You did very well to have the 'refusal' excused. Not knowing the case, I cannot say how well, but YOU DID GOOD.
That was step one on winning the case. The next step is the policeman's testimony. His testimony can be sufficient to establish a factual foundation strong enough for conviction. And he knows what to say to have you convicted. He will testify sufficiently and convincingly, but maybe not truthfully.
It is the cross-examiner's challenge to undermine his credibility. And you must have a plan before you start.
If you can make him throw a temper tantrum, you can win. Lawyers have a little bag of tricks we use in cross-examination. It is where an attorney makes a name for himself as a 'man to be reckoned with'.
Regarding the plea, a violation is a good plea. Ask for another moving violation. The DA is not acting 'tactically' or 'strategically' n any way. He wants to get rid of you because dealing with a non-lawyer is a real pain in his situation. He wants you to be 'faceless' and anonymous, and you show up with a face and an identity. You are his nightmare!
The plea will not get better, except try it this way: ask for the biggest financial penalty if he goes for a different moving violation. You will save on the insurance and avoid a record of 'impaired' for the future.
Good luck.
Re: There is no physical evidence. Do I have a good chance of beating the case
It is my opinion that without specifics your questions cannot be answered. If you have an attorney that attorney should be able to advise you properly ,if you do not have an attorney then I strongly suggest you retain one .You may call my office if you do not already have an attorney and I will be happy to discuss your situation.The # is 719-834-0087
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