It sounds like you may have some legitimate defenses; however, I would advise you not to speak with the police, or anyone else other than your attorney. Even if you are charged with a crime, this does not mean that there is enough evidence to convict you (probable cause for an arrest is a much lower standard than beyond a reasonable doubt for a conviction).
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Best of luck to you,
Leone Legal, PA
There are many issues in your case that can be challenged. I would recommend you discuss this with an attorney who can help with your criminal case, as well as challenge any potential drivers license revocation.
Yes, there is a chance to get the charge reduced to a non-DWI offense; however, this will take strong negotiations with the prosecutor. Also, depending on all the facts of the case, there may be cause to have some evidence excluded, which could lead to a dismissal. The laws surrounding DWIs are always evolving, so help from an attorney would be very beneficial to you and your case.
Even if the criminal case is resolved in your favor, there is still the issue of your DL revocation. This can...
Yes, you can be charged. And most likely if the blood results are over .08 you will be charged. It may be in your best interest to begin discussing the case with a defense attorney so you can be ready to react once you are charged. You driver's license will be suspended and in order to fight the suspension you will have to take proactive steps. Also, an attorney can help you understand the process you will go through in the criminal justice system.
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You are presumed innocent until proven guilty in a criminal court. The forfeiture of your vehicle, however, is a civil penalty and is separate from the criminal court. It is a confusing process, but like my colleagues have mentioned, you may have a possible defense. I wish you the best of luck.
Sounds like you may be falsely accused. I suggest retaining an attorney. A prosecutor may not automatically believe your friend, especially since he's already given a conflicting statement. An attorney will be able to fight to defend your rights and convince the prosecutor that a dismissal is in the best interest of justice.
A very good issue. A lot depends on whether you have consent for the blood draw. In the end, even if the court rules the blood evidence to be excluded, its not an automatic dismissal of a DWI; however, it does take away a crucial piece of evidence. The prosecution can still use your driving pattern, field sobriety exercises, behavior, etc, in attempting to prove you under the influence.
I recommend you speak with and retain an attorney who will fight for your rights in this case. Remember,...