No breath test no one else injured no field sobriety tests, police think i was drunk but I wasn't at all I was in shock from the accident.
In order to give you a valid response to what your chances are I would need to know more about the case. In particular, what are the charges against you? Are you charged with just DUI or did they also charge you with leaving the scene and operating to endanger? Based on the statements contained in the report as set forth in your question you do not present a sympathetic case for a jury; but we do not know all the circumstances and there may be mitigating circumstances. But just relying on what you have presented I would say your case, like the vomit, stinks. Sorry, but you asked.
Attorney Robert D. Lewin
LEWIN & LEWIN, ATTORNEYS
1 Salem Street, Suite 202
Malden, MA 02148
(Branch Office in Andover, MA)
Short answer is, you have a shot. How good of a shot depends on the facts stated in the police reports, and other tangibles that need to be discussed with an OUI attorney ASAP. Call one for a free consultation and free review of the police report.I have handled many of these cases and in my experience a lot of different factors come into play (Police Officer, his report, prosecutor, your side of the story, your attorney's ability and investigation, etc).
Best of luck
Law Office of Ilir Kavaja
30 Newbury Street
Boston, MA 02116
As others have stated, every OUI case depends on the facts and circumstances surrounding it. Your's sounds a little more complex than most typical OUIs due to the fact that it involves an accident. In that case, civilian witnesses, in addition to the police, will be most likely be necessary for the District Attorney to prove the case against you.
Another thing to consider would be any witnesses that you may have to testify on your behalf. For example: anyone who was with you in the car at the time of the accident and/or people who may have been with you prior to you driving that night. All of these factors are relevant when deciding how to properly defend an OUI accident case. I hope that was helpful for you.
Feel free to call for a more thorough and free consultation.
You already have opinions from three good MA lawyers. I agree with their assessments. They know much more about the courts there than do I. Based on your limited description, this should be a case that might be won. That said, there are many more details needed to assess a situation like this, details you should not post here, and may not even know. That a case can be won does not mean anyone can promise that it will be. Drunk driving is very unpopular with the media and courts these days. They tend to err on the side of convicting everyone.
You need a good DUI / OWI / DWI defense lawyer who practices regularly in the court where your case would be tried. Don't delay in seeking counsel.
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I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these Internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This Internet site is public forum, where the communications are not confidential or privileged.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. Those facts should not be put on a public Internet site.
Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
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