Can I get a 1st DUI with very little evidence dismissed?

Asked almost 2 years ago - Orlando, FL

I got stopped for going 45mph on a 35mph road. I did the roadside sobriety test which I did excellent on but have no proof because the arresting DUI specialist officer forgot to turn on his car cam! He gave me an imaginary line to walk though we were only 3ft from a solid yellow line. He said while walking the imaginary line I swayed about 3degrees to the right. Though while casually walking a person may sway greater than 3degrees. He lost his cool with me and started cursing at me and calling me names like "you f-ing moron, did you get your law degree from Kmart?" He lied to me on how he was gonna administer the HGN test. He didn't read me my Miranda rights and I refused to blow in the breathalyzer. might I add, this 15year veteran is on probation with the police force for unknown reasons

Attorney answers (6)

  1. William David Umansky

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . It sounds like you want to go to trial and you very well may have some legitimate defenses. There are many good DUI lawyers in Orlando and you should consult with some to see what they can do to help you. It is rare when a DUI case gets dismissed but a lawyer can file motions to suppress some of the evidence and if granted by the Court, many prosecutors will drop the charge. I get the feeling that you feel that you were not guilty and if that is the case, you should consider going to a Jury trial.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  2. Corey Ira Cohen

    Pro

    Contributor Level 16

    8

    Lawyers agree

    Answered . Yeah you need to hire an attorney to assist you. You can call my office to set up a free consultation.

    For more information or to set up a free consultation contact the Law Office of Corey Cohen at 407-246-0066 or... more
  3. David P. Gilbert

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . Sounds like you have a good chance at getting this charge reduced or dismissed entirely. However, you cannot do this on your own - contact an Orlando DUI attorney for a free consultation.

    Avvo.com answers provided solely for informational purposes. Answers are not legal advice and should not be relied... more
  4. Joshua Eli Adams

    Contributor Level 14

    5

    Lawyers agree

    Answered . Getting a DUI dismissed before trial is usually based on an illegal initial stop. Other than that, it is unlikely. It sounds like the state's case against you is weak. More likely outcome for you are that you do a diversion program that results in dismissal, you plead to a lesser crime of reckless driving, or you take the case to trial.

    What ever your decision, I recommend you hire an experienced attorney to go over the evidence in order to help you make the best decision.

  5. Richard Timothy Jones

    Contributor Level 17

    5

    Lawyers agree

    Answered . An experienced DWI lawyer can help you. Be sure to look for a member of the National College of DUI Defenders. There is never a slam dunk case for someone accused of a crime but you have some good facts in your favor.
    www.austincriminaldefenseattorney.com
    512-495-1813
    Austin DWI Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  6. Joel L Mumford

    Contributor Level 7

    2

    Lawyers agree

    Answered . It really depends on how the officer wrote up the police report and what he may say that is different under oath. You may feel that you excellent on the exercises but he most likely indicated that you did poorly. Much more is needed to determine if this is a good case for trial.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,312 answers this week

3,336 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,312 answers this week

3,336 attorneys answering