DUI conviction but he passed all field sobriety tests and there is no evidence as the police officers car camera doesn't work.

Asked about 4 years ago - Rossville, GA

To me, this sounds a little bogus. My boyfriend plead not guilty to a DUI because he wasn't under the influence of anything. The arresting officer was extremely rude and forceful. My boyfriend passed all of his field sobriety tests. In court, the officer told the judge he passed then turned around and said he failed. My boyfriend was not given legal counsel nor was he allowed to have witnesses speak on his behalf. The judge told him it didn't matter what anyone had to say he was finding him guilty. Anything I can do? Appeal? Would it help or could it make it worse?

Attorney answers (3)

  1. Lance Warren Tyler

    Contributor Level 10

    Answered . Your boyfriend should consult with a DUI defense attorney who practices in your area. Depending on the facts in his case as well as the time frame of his plea, it may be possible to withdraw the plea and contest the DUI. Whether that will makes things better or worse is something an attorney can advise during a consultation.

  2. David Ray Savoy

    Contributor Level 8

    Answered . Did your boyfriend request counsel? I would have your boyfriend consult an attorney in the jursidiction where he entered his guilty plea to assess the possibility of withdrawing his guilty plea and the possible benefit and outcomes of doing so.

  3. Sam Louis Levine

    Contributor Level 14

    Answered . Sounds like the basis of an appeal to me. Be sure to have a criminal defense attorney review the entire criminal case file and be advised of all of your options.

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