Macy Michelle Jaggers’s Answers

It depends on the judge. Typically the State puts the cop on the stand, does direct, shows the video in the courtroom while he's on the stand, finished direct, then defense crosses him. However, I have had judges that just admit it into evidence and allow the jury to watch it during deliberations. I make multiple objections to this, but I'm always overruled. It makes cross less effective because the jury hasn't seen the video yet and has no idea what I'm talking about. I believe it violates my...

Please stop posting the same question. Consult an appellate attorney in your area. No one can give you accurate feedback based on this information. They would have to read the entire record in the case.

Theoretically a thorough detective or DA investigator could find a fact pattern on here that matches a case they are working and get a warrant or subpoena for Avvo's records to determine who posted it. Technology keeps good records. They already use Facebook, MySpace, and Google searches in general. There's no reason they won't start figuring out to look on Avvo. In the vast majority of cases, this will never be an issue. But it is always a possibility, and that's why many attorneys warn of it....

No. Especially if this is truly a Class C DUI citation (which is only possible if you are under 21 ). If you are under 21 it is illegal to consume any alcohol, so a DUI is committed by operating a motor vehicle with any detectable amount of alcohol in your system. This can be proven by odor of alcohol on your breath or admission of drinking alone. No BAC score or field tests are necessary.

Motions for new trial are rarely granted other than by agreement. More typically, they are simply the necessary first step to an appeal.

Yes the case will show until you have it expunged from your record. It never "drops off." You will need to hire an attorney to do this.

DUI is any detectable amount of alcohol. That means odor of alcohol, admission of drinking, etc. The officer doesn't have to do a breath or blood test or field sobriety tests. It's a completely different standard than a DWI.

I doubt the court will expect you to enter a plea at your first appearance. Typically they will give you a reset so that you can hire an attorney. DUIs are technical cases and there are many ways to beat them. You need an experienced DUI attorney helping you. If the court does require a plea, enter a plea of Not Guilty and start consult attorneys immediately.

The DA will take the evidence for whatever she thinks it's worth. Although you consider the evidence conclusive, the DA may not.

This is a second degree felony Aggravated Assault with a Deadly Weapon. The range of punishment is 2-20 years in prison. Because of the deadly weapon,you would have to serve at least half of any prison sentence. You are also eligible for probation. Being intoxicated is not a defense, but self defense is. You'll need to review the State's evidence with you attorney to see what the likelihood of being successful on that claim is.