According to the Police report, Initially I was arrested for 148 obstructing an officer and taken to the station for booking where they later booked me for DUI Refusal instead. The police report mentions i was initially arrested for 148 pc.
There is no such thing. It is purely a matter of negotiation to charge bargain, i.e. for a plea to be based on a different offense than the one changed. The plea mechanics are to amend the charging document to add the obstruction and dismiss the DUI. However, if it is possible to negotiate that result, it will have to be based upon facts favorable to that bargain and you willl likely not have the ability. Hire counsel to try to bargain or win. You know the old adage about representing yourself...
It is an issue that needs to be vetted. As a former prosecutor I have seen officers be able to articulate why they did it and there were no issues. In other cases it was a point where the thread began to unravel. You need to contact the best attorney possible to explore the facts of your case.
Get free answers from experienced attorneys.
27,086 answers this week
2,869 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary