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I do have an attorney, but will not see him again until he receives video of FST.

Fort Worth, TX |

The FST ws the ONLY basis that arresting officer used for my arrest, as my breathlilyzer was nil. He seemed quite frustrated that he could not get a positive reading. I had not had any alcohol, but due to physical problems, was unable to master heel to toe, foot balance. He brushed off the cognitive accurate responses I gave him. I am so scared. I will plead Not guilty as I was not intoxicad in any manner, but I'm afraid if going to trial as before a jury, that is probably not pleased with the drive and losing perhaps their wages that they will profile me. I am not of wealth, but since I live in a rather upper middle class area, it disturbs me. I absolutely cannot see myself taking a plea bargain when I know the truth.

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Attorney answers 5

Best Answer

Please rely upon the assistance of your lawyer. I presume you trusted this lawyer enough to hire them. Now trust them enough to review the evidence and provide you with sound legal advice. I realize you are scared and unsure of what may happen. But lean on your lawyer for support. That's why you paid them and entrusted them with this critically important matter. Good luck.


What is your question? You have a lawyer who can review everything with you. If the result of the breath test was 0, then they must believe that you were intoxicated as a result of drugs. If so, then it does not matter whether they were illegal or prescribed drugs, but they must have caused you to have lost the normal use of your mental and / or physical faculties to be found guilty of DWI. Let your lawyer do her / his job.

Cynthia Henley



I do not take medication. I have essential tremor. It appears to me that a lot of people are not familiar with this.


What is your question.

You have a lawyer. It is reasonable that he wants to see the video before spending more of your money talking to you. He is not going to be able to give you any different advice or counsel before that.

What you need to do is take a deep breath. Relax about what you can do nothing about. Wait until you talk to your lawyer. You do not have to plead guilty to anything. Your lawyer cannot make you plead guilty.

Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. 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. 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. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not 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. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.


I can only repeat the above- you hired a lawyer, let him/her do their job. Don't be afraid of trial if your lawyer believes y'all can win, but don't make any decisions until you and your attorney eval the evidence.
Good luck

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing


You certainly should not plead guilty if you are not. Your attorney should be able to evaluate the police report and the video and tell you what a trial would look like. He may even do a Motion to Suppress your arrest if your performance on the SFST's are good.

You should not be afraid of the jury. Either the judge or the jury will assess any fines if you are convicted. If this is your first offense, your fine should not exceed $1,000. The jury will never know where you live unless you testify.

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