If the prosecuting agency is charging you with Operating While Visibly Impaired (OWVI), then you need to speak with a criminal defense attorney that will evaluate your case and determine the best course of action for you. Regarding plea negotiation, often when you are charged with OWVI, which is a lesser included offense of OWI (Operating While Intoxicated), prosecutors or city attorneys are not willing to make plea offers to lesser charges because there isn't a lesser alcohol related traffic offense. You need someone that is familiar with this particular scenario to best advise you. In most cases like this, your performance of field sobriety testing and officer observation of your operating of the motor vehicle will become critical.
It is strange and COULD be a court error. While below the legal limit, it is still possible that you can be charged with Operating While Vis. Impaired , although unlikely that either charge could stick.
I have been successful in the past of getting someone who blew a .07/.08 a reduction to careless driving (a mere traffic ticket)
-Attorney Scott Aaronson
Sorry to hear you received that in the mail - this doesn't sound like a mistake - the .04 result has nothing to do with your new charge - the prosecution would have to prove that your driving was visibly impaired based upon observations and field sobriety tests - I'd be happy to discuss your case further.
It is very uncommon to be charged with an OWVI, generally people get charged with an OWI and the OWVI is what the plea reduction is. An OWVI conviction requires the prosecutor to show that your driving was visibly impaired due to the use of alcohol. Seems like from what your saying, you have a very solid defense. Plus, I'm a little disturbed at how you were taken in for a blood draw etc. A bit overkill. Hope this helps, and call me if you have any questions.
Nader W. Nassif
Not to disagree with the other good answers, but local is always better when it comes to these cases. Your attorney should know the players.
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