Arrested for a C misdemeanor OWI in July 2015. After 2 lawyers and many pretrial continuances, my lawyer has video that the breathalyzer test was administrated incorrectly. After showing the video to the prosecuting attorney in September of 2016, there were several failed attempts to get depositions from the arresting officer's, I was told by my lawyer in December 2016 that they would change my charge to an intoxication charge that relies on the opinion of the officer and a vehicular substance offender that carries 1-8 years or I can plead guilty to a C misdemeanor reckless driving. Is this legal for them to do
Prosecutors have the ultimate authority and power to dismiss, change and add new charges you betcha.!
We lawyers on this web site are not your lawyer and therefore or guesses would be meaningless. ASK your lawyer who knows all the facts and evidence. Just like me asking a bunch of strange doctors on web md to second guess by doctor crazy right how would they know?
Providing general answers are meant to help the poster to understand some complex legal concepts and in no way creates an attorney-client relationship.
It depends. If there is ground to object to changing chargers, your attorney should object.
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