I was pulled over for "not completely stopping at a stop sign", although I do not remember seeing a police car in sight at the intersection. In addition, the area was dimly lit so I am unsure of the level of visibility the officer had. Immediately after asking if I knew why I had been pulled over the office asked me if I had been drinking. I said I had two drinks. He asked me to step out of the car and had me complete 3 roadside tests and the breathalyzer test. It was a really cold night and I remember that I was shaking, which might have impacted the officer's evaluation of the test. Either way, I believe I completed the roadside tests without any issues. However, he said I failed the BAC. My BAC was.14 at the station, I am unsure what it was during the road test.
To answer your question as to the likelihood of getting the case dropped or pleaing to a lessor....the chances of pleaing to a lessor depend greatly on two things. First, your driving record. If this is your first DWI, then you may have a good chance because the facts as you explain them are not egregious. Second, it depends on the prosecutor. Some prosecutors are more liberal than others in offering to amend a charge to a reckless driving. An attorney would be able to discuss the case and negotiate with the prosecutor in hopes of swaying him to offer an amended/lessor charge.
As for getting the charge dropped, this depends a lot on whether the officer followed the legal procedure correctly. This can not be known until there is a thorough review of the police report and all the other evidence. Again, an attorney would be able to look through the documents and assess this probability.
Finally, I would advise that you not discuss anymore specifics about the case in any online forums. Actually, you should only discuss them with your attorney. These posts are informative; however, they are not privileged.
I hope you find this information helpful and feel free to contact me anytime if you would like to further discuss the case.
I wish you the best of luck and happy holidays,
Leone Legal, PA
Licensed to practice law in the states of Minnesota and Florida.
Dismissal of a case or reduction of charges depend on factual and legal issues specific to your case. As to the factual ones, you may wish to write out in a narrative form, the details of what happened, as best as you can recall. Please do not show this narrative to anyone except an attorney, because the information may have incriminatory statements in it. You should also try to preserve how the scene looks (area of your stop/tests). You can draw a diagram and take photos of it. As to the interpretation of the facts, and any law affecting the use of the facts, an attorney is necessary. You should consult with one as soon as possible, because the attorney can take steps to preserve any evidence and protect your rights.
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