In a DUI arrest, in which the suspect gave the arresting officer problems with the breathalyzer and eventually blew an insufficient sample reading .041, does the defendant have enough substance to plead not guilty in the arraignment?
I agree; you have nothing to lose by pleading not guilty and exploring whether a reduction to reckless driving may be a possibility (or consider fighting this at trial, if necessary). The Intox 5000 machine at the station does not give a BAC reading if you provided an insufficient sample, so I suspect there's more going on. Call around and consult with attorneys and find one that you're comfortable with at a reasonable price for your area. Best wishes to you!
You are not going to be able to handle this by yourself. Lawyers are trained in the law and know exactly what it is that the STate has to prove to convict you. The defendant here is charged with a "less safe" DUI. This will be based upon the officers initial observations of the defendant, the field sobriety evaluation and a "refusal" to take the state chemical test by blowing an insufficient sample. However, depending on the circumstances. a lawyer may be able to get part or all of the officer's evidence thrown out on legal grounds. Moreover, a trained attorney will know how to cross-examine the officer as to his observations and field sobriety evaluation. Cops often make huge errors in these cases. You are not trained to recognize them. YOu need a lawyer. I will be happy to provide a free consultation: 678-881-0815
How do you beat a DUI? As you can see from the other responses, there are many, many ways, and without a BAC reading over .08 your chances increase greatly. There are motions which need to be filed, reports and evidence to consider, and, ultimately a trial to conduct if any of the other methods don't work. I have actually never lost a DUI less safe trial, so the odds are in your favor. But, and this is a big But, you need a lawyer to handle this for you. Much as gall bladder surgery is routine for a skilled surgeon, the technical aspects of the procedure are such that if you do it yourself you could have major problems on your hands.
Also, if the officer took your license and gave you a yellow sheet of paper to "drive on" you have a very short period of time to save your license regardless of the eventual outcome in Court. Get in to see someone asap.
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