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Edward Jacob Sternisha
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Edward Sternisha’s Answers

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  • What charges can I possibly face and how can i avoid jail time?

    - I was pulled over for DUI. - BAC results showed 0.11 and I was arrested on spot and kept in custody for 3-4 hours. - There were no accidents or property damage, just i drove over a big stone and that caused my car to skid a bit. - I got my ...

    Edward’s Answer

    I agree with Attorney Austin. The best way to avoid jail time and reduce your overall penalty is to get a good OWI attorney right away. Notice, I did not say get a good attorney, but a good OWI attorney. Not all criminal defense attorneys have a lot of experience with OWIs and there are many things that need to be investigated in an OWI case. Just as you wouldn't hire a dentist to perform heart surgery, you want to make sure the attorney you have to handle your OWI knows what to look for.

    That being said, just because you had a BAC of 0.11%, does not mean you are guilty. I just got a case dismissed two days ago where my client had a BAC of .13%. I have had at least 4 OWI cases dismissed in just the past few months and every one of those clients were over the legal limit. You see, the prosecutor has a lot more to prove than just your BAC. A good OWI attorney will properly and thoroughly investigate your case to get you the best possible outcome. Please not guilty and call a good OWI attorney today.

    I wish you the best!

    -Ed

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  • What will happen if I turn myself in? what will happen if I get picked up? Will I be looking at jail time?

    Felony strike three DUI, five years probation. Was in work release for 6 months and now on five years probation. Absconded from probation in late October, after being on it for about 6 months.

    Edward’s Answer

    Attorney Austin is right, you have already made some bad decisions, it may help to add some good decisions to the mix. By turning yourself in without being picked up on the warrant may show that you acknowledge you messed up and are taking responsibility. As he said, make sure you have a good OWI attorney to represent you. I wish you the best!

    Ed

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  • When can reasonable doubt be used .very hard to plead guilty under oath

    can I use rising alcohol levels when police do not see you drive . car was parked (no keys) video is possible (blew .11 ) then more than an hour later it was still the same .11 jbailey54@hotmail.com thank you

    Edward’s Answer

    Reasonable doubt is always used to defend against criminal charges but what constitutes reasonable doubt is different in every case. Keep in mind that there may be other defenses that come into play even before your case gets to trial. For example, if your attorney can get the judge to grant a motion to suppress evidence because it was not obtained properly, the prosecutor's case might be weakened enough that your case gets dismissed. Only a careful review of your case by an attorney can give you the best answer though. Call an OWI attorney today and schedule a consultation right away. It is very important that your attorney obtain all the evidence possible and sometimes waiting too long hurts his or her ability to get it.

    As far as rising levels, I had a case where my client's BAC was .14% at the time it was drawn, however, because the last time anyone saw him drive was 3 hours earlier, the jury found him not guilty. It does happen.

    Good Luck!

    Ed

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  • Correct to destroy license with two .07 readings on Datamaster?

    I was recently stopped and taken to jail where I had two .07 readings on the Datamaster. Despite the numbers being under .08, my license was destroyed and I was issued a paper license. The Secretary of State site indicates that license may be dest...

    Edward’s Answer

    Being over .08 is only one way to prove a drunk driving charge. They can still do it without it, though it is more difficult. Make sure you contact a good OWI attorney such as Mr. Austin. This is not something you want to do on your own. You need someone who is going to do a thorough investigation and look for all possible defenses. I wish you the best.

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  • DUI on a atv off rd.

    Crossing highway coming off a trail ride crashed in drainage ditch first offence. I am 62 yrs. old. Was on an atv.

    Edward’s Answer

    You have not asked a question but let me tell you this:
    You can be charged with an OWI offense (Operating While Intoxicated). If you were, do NOT discuss the matter with anyone but an OWI lawyer. Simply because you were over the limit does not mean you are guilty so I urge you to plead NOT GUILTY and contact an OWI Attorney right away.

    I have had 3 OWI cases dismissed this summer and am working on an interesting case right now that hopefully will get dismissed. I once had a case where my client's blood test result was .14% but the jury found him not guilty because it could not be proven beyond a reasonable doubt that he was operating a vehicle at the time his BAC was that high. The reason I mention this is not to tell you your case will automatically be dismissed, because I have had many client's who end up with some kind of conviction, but to tell you that every case is different. OWI cases are very fact-specific. What I mean by this is that by retaining an OWI lawyer who will dig deep into your case and investigate every aspect of it could be the difference between a conviction and an acquittal. Do yourself a favor and call an OWI Attorney right away. I wish you the best.

    -Ed

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  • DUI conviction expunging it from your record. Is this possible?

    Over 6 years have passed since the conviction. Been clean since and also prior to the conviction I never had a criminal record.

    Edward’s Answer

    I agree with these other fine attorneys. Driving convictions, including an OWI, cannot be set aside (expunged). It will be on your driving record for life because if you get 3 OWI convictions in a lifetime, you will be charged with a felony (for the third offense). The fact that you have a clean record other than the OWI six years ago, you likely will not have too much trouble getting a job. I wish there was a better answer for you. I wish you the best.

    Ed

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  • I arrested for OWI ,let out jail after 24 hour no bond,pending further investigation, 17 days ago, how long do they have?

    arrested for OWI,3rd time, hitting 2 Park cars, i refused the breath test +they took blood,they held me for 24 hours then let me go, no bond, pending further investigation, that was 17 days ago, how long do they have to charge or arrest me?

    Edward’s Answer

    The police and prosecutor are waiting for the results of your blood test which takes a few weeks. It could be back any day now. After they get the results, you will be charged if the results are over .08%. You need to get a good OWI attorney now - even before the results come back so he or she can begin investigating your case. Also, if you refused to take a DataMaster test (Breath test after arrest) you only have 14 days to request a hearing with the Secretary of State or your driver's license will automatically be suspended for at least 1 year. This is separate from your criminal case and not all attorneys handle Implied Consent Refusal Hearings so make sure you ask the attorneys you interview. There are more issues to cover so call an OWI attorney today. Good Luck!

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  • If a woman won't stop hitting a man and he defends himself by groping her chest, is this sexual assault and can he be convicted?

    If a woman won't stop hitting a man and he defends himself by groping her chest, is this sexual assault and can he be convicted?

    Edward’s Answer

    I've never heard of someone groping another person in self-defense. While you are allowed to use reasonable force to defend yourself, groping a woman's chest is not likely to be considered self-defense. that being said, you really need to get a good criminal defense attorney to investigate all the facts and help you. Good Luck!

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  • Should I get a lawyer for this charge?

    I'm 18 years of age and around a week ago I was involved in a car crash. I was in the passenger side of the vehicle and the accident was not our fault. however the officer asked my friend, the driver, how much he smoked that day. the conversation ...

    Edward’s Answer

    Absolutely, yes you should get a lawyer. Do not speak about this to anyone but a lawyer. Good Luck!

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