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What are my chances of getting my .09 charge reduced or dismissed.

Acworth, GA |

Pulled over for expired tag, Georgia, did sobriety test then a breathalyzer but his battery died so just took me in on suspicion. Blew a .095 then a .092 at the station. Just left arraignment and they wouldn't offer me a plea bargain so I said not guilty and asked for trial jury. Anyway, if I get denied a public defender i'll try to scrap up the little money I have to hire a lawyer, the one I want charges $3000. What are the chances of getting my charges dismissed or reduced? This is my first criminal offense. I heard the machines have a .02 variance and the only reason I failed sobriety test is because I failed to follow instructions, but I have major ADHD that interferes with my ability to follow directions well. Any input?

Attorney Answers 10

Posted

It isn't possible to give you a definite answer on your chances based on the little information here, but you raise several issues that could be very useful in trying to beat this charge. Hire your lawyer and trust him or her to fight it.

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12 lawyers agree

Posted

With a good lawyer and the right circumstances, you may be able to get the charge reduced. Please call me to discuss your case, free of charge. 770-424-6026

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11 lawyers agree

Posted

Getting it dismissed is possible but unlikely. Getting it reduced, or fighting it at trial with expert testimony regarding the variance you describe, is more likely. Get yourself a lawyer ASAP.

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11 lawyers agree

Posted

If you were pulled over just for an expired tag, were cooperative and blew that close to the limit, I'd expect you to look good on the video if there is one. Do you have any prior arrests? If not, you should have a great chance at a reduction, though I'd need to hear more about the case. If you have any priors, it's still possible but just more difficult to get a prosecutor to cut you a deal. $3000 is a reasonable fee and well worth it over a public defender. Just make sure you retain someone who's serious about fighting your case as long as it takes, not just someone who would take your money and then encourage you to plead out to whatever the State is offering.

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2 comments

Asker

Posted

I've never been arrested before. I'm a full time student who try's to stay out of trouble. Although I believe the .092 result is very questionable considering the little amount of alcohol I consumed, I took the liberty of attending a MADD meeting and doing 20hrs of community service prior to my court date. I dont know if that will help or not, I'm just trying to make myself look good. Thanks for the reply!

Asker

Posted

Oh and I forgot to mention is I had a case of unopened alcohol in the backseat and he didn't write me a ticket for it and it even mentions the citations he wrote in the police report, yet the court said I was also being charged with "Driving with an unlawful alcohol content". I find that strange..

Posted

iI agree with the others here. Based on your description, I think you do have a fair chance of getting at least a reduction. But that is only via a lawyer. I don't think you will be able to accomplish that yourself. It is good that you are being attentive and proactive. But you really must engage a lawyer now. If an early resolution can be obtained, it might not cost you too much. At least talk to a lawyer, immediately. Time is not on your side, including in any negotiations for a resolution. Call any of us here. I'm sure any of us would be glad to talk with you without charge at least initially. It may be that you can get things resolved with a lawyer for less than you might imagine. From your description, the case hardly sounds hopeless. Don't waste any opportunities that might be available from that by delaying engaging a lawyer to help you with this. Good luck to you.

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10 lawyers agree

Posted

The .02 variance does to mean what you think it does. Although you saw .095 and .092, the result is usually run out to 5 or 6 decimal points. Thus you have a .095346 and a .092891. You multiply the .02 times this figure to get the margin of error.

Because I was recently congratulated by an Avvo questioner for having the courage not to use a disclaimer, let me make it clear that I have always answered questions subject to the Avvo general disclaimer. The answers I give are for educational purposes and not to be relied upon for legal advice. No attorney-client relationship is intended or established by virtue of these answers.

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4 lawyers agree

Posted

Why SHOULD they offer you a plea bargain? You don't have a lawyer. You're "unarmed." Convicting you is the proverbial "shooting fish in a barrel."

While no one here can put a number on "what are my chances" we can all say that any chance you may have is multiplied many times when you hire an attorney. So if you KNOW your chances are better with an attorney than without one, what are you waiting for?

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8 lawyers agree

Posted

More information is needed to properly answer your questions such as how did you fail the field sobriety tests. You do have several great facts going for you. You were pulled over for a tag violation which means there is no bad driving, he tried to give you the breathalyzer before he did field tests which is a violation of the NHTSA guidelines, and your breath test is relatively low.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

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9 lawyers agree

Posted

You would need to engage in discovery and gather some information on the machine you blew into to provide you with an answer.

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5 lawyers agree

Posted

Every case and jurisdiction is different but generally speaking the lower the breath sample the better and there is a variance on the breath test the officer requested from you.

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