There was no physical proof of alcohol around or on me, i did not take a breathalizer, how can i plead not guilty and win?

Asked 12 months ago - Rockford, MI

they gave me the ticket based on a statement made and odor of alcohol amoung the group of people i was around

Attorney answers (8)

  1. Edward Jacob Sternisha

    Pro

    Contributor Level 17

    13

    Lawyers agree

    Answered . As everyone has already said, get a lawyer to help you. Do not try to handle this alone. Plead not guilty at your arraignment and DO NOT say anything else to anyone but your lawyer. I handle OWI cases all the time and too often someone will think if they just explain their side, or only say a little, it may help them. It usually makes things much worse. I have trial this week in on an OWI case out of Rockford and fortunately my client did not try to talk his way out of the arrest. He did not submit to any sobriety tests and he did not tell the officers what they wanted to hear. I put a great deal into investigating his case and feel confident about the possibility of an acquittal. ALSO, keep in mind that if you refused to take the breath test, you have only 14 days to file a notice of appeal with the Secretary of State or your driver's license will automatically be suspended. CALL A LAWYER RIGHT AWAY to help with this. There are too many ways things can go bad for you if you don't get help. Good Luck!

    Law Office of Edward J. Sternisha, PLLC
    FREE OWI CONSULTATIONS
    448 Leonard St NW
    Grand Rapids, MI 49504
    (616) 233-CALL-ED
    www.CallEdInstead.com

    The comments listed here do not create an attorney-client relationship. The comments are for informational... more
  2. Jared Clayton Austin

    Contributor Level 18

    12

    Lawyers agree

    Answered . They are going to need some kind of proof of your BAC. While it is not impossible for them to prevail without it, it is extremely rare and highly unlikely they would pursue the case without some evidence of your BAC. If you have been charged with OWI, consult with an experienced OWI attorney in your area for a thorough review of your case and options.

  3. Robert E. Harris Jr.

    Contributor Level 16

    12

    Lawyers agree

    Answered . At arraignment, you stand "mute" and the judge will enter a plea of "not guilty" for you. To win, your attorney will have to show the court "reasonable doubt" that you drove drunk or impaired. For this, you will likely have to go to trial. If what you said is true, then the police do not have any direct evidence, however; that person that made the statement -- was it you testifying against your own interest? Was it another credible witness? If the statement was yours, you've already plead guilty (in a sense).

  4. Shawn James Haff

    Contributor Level 12

    12

    Lawyers agree

    Answered . contact an aggressive criminal defense attorney from your area. You need to take this to trial.

  5. David B. Carter Jr.

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . Definitely take this to trial.

  6. Cambria L Lisonbee

    Contributor Level 14

    12

    Lawyers agree

    Answered . If the statement was made by you that could be used as evidence against you. I assume you are asking this because you are under 21? Hire a lawyer or ask for a public defender if you can and have them help you resolve this.

  7. Christopher Daniel Leroi

    Contributor Level 20

    12

    Lawyers agree

    Answered . Hire a good criminal defense attorney immediately

    The information provided in this answer does not create an attorney-client relationship and is not considered to... more
  8. Becket J. Jones

    Pro

    Contributor Level 14

    10

    Lawyers agree

    Answered . Plead "not guilty" or stand mute at your arraignment and a Pre-Trial Conference will be scheduled with a Prosecuting Attorney.

    Whether the evidence is in your favor to dump the case is unknown at this point. The statement could be a problem for you, however you would need to meet with an attorney to determine how strong or weak your case is from a dismissal standpoint.

    More importantly, even if the Prosecuting Attorney has a strong case there may be several options available to you to keep this matter off of your criminal record in the long term. Again, an attorney needs to evaluate those possibilities. Do yourself a favor and schedule an initial consultation with a local criminal defense attorney - most criminal defense attorneys offer free consultations.

    Best of Luck.

    An Attorney-Client relationship has not been established. Becket J. Jones is not your attorney. In order to... more

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

Get free answers from experienced attorneys.

 

Ask now

25,905 answers this week

2,861 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

25,905 answers this week

2,861 attorneys answering