I do have an attorney, but will not see him again until he receives video of FST.

Asked almost 2 years ago - Fort Worth, TX

The FST ws the ONLY basis that arresting officer used for my arrest, as my breathlilyzer was nil. He seemed quite frustrated that he could not get a positive reading. I had not had any alcohol, but due to physical problems, was unable to master heel to toe, foot balance. He brushed off the cognitive accurate responses I gave him. I am so scared. I will plead Not guilty as I was not intoxicad in any manner, but I'm afraid if going to trial as before a jury, that is probably not pleased with the drive and losing perhaps their wages that they will profile me. I am not of wealth, but since I live in a rather upper middle class area, it disturbs me. I absolutely cannot see myself taking a plea bargain when I know the truth.

Attorney answers (5)

  1. Cynthia Russell Henley

    Contributor Level 20


    Lawyers agree

    Answered . What is your question? You have a lawyer who can review everything with you. If the result of the breath test was 0, then they must believe that you were intoxicated as a result of drugs. If so, then it does not matter whether they were illegal or prescribed drugs, but they must have caused you to have lost the normal use of your mental and / or physical faculties to be found guilty of DWI. Let your lawyer do her / his job.

    Cynthia Henley

  2. Stephen A. Gustitis

    Contributor Level 13


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . Please rely upon the assistance of your lawyer. I presume you trusted this lawyer enough to hire them. Now trust them enough to review the evidence and provide you with sound legal advice. I realize you are scared and unsure of what may happen. But lean on your lawyer for support. That's why you paid them and entrusted them with this critically important matter. Good luck.

  3. Charles Elwood Soechting Jr.

    Contributor Level 17


    Lawyers agree

    Answered . I can only repeat the above- you hired a lawyer, let him/her do their job. Don't be afraid of trial if your lawyer believes y'all can win, but don't make any decisions until you and your attorney eval the evidence.
    Good luck

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more
  4. Christopher N. Hoover

    Contributor Level 7


    Lawyers agree

    Answered . You certainly should not plead guilty if you are not. Your attorney should be able to evaluate the police report and the video and tell you what a trial would look like. He may even do a Motion to Suppress your arrest if your performance on the SFST's are good.

    You should not be afraid of the jury. Either the judge or the jury will assess any fines if you are convicted. If this is your first offense, your fine should not exceed $1,000. The jury will never know where you live unless you testify.

  5. Charles K. Kenyon Jr.

    Contributor Level 19


    Lawyers agree

    Answered . What is your question.

    You have a lawyer. It is reasonable that he wants to see the video before spending more of your money talking to you. He is not going to be able to give you any different advice or counsel before that.

    What you need to do is take a deep breath. Relax about what you can do nothing about. Wait until you talk to your lawyer. You do not have to plead guilty to anything. Your lawyer cannot make you plead guilty.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more

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