On these facts, this is actually a good case. Obviously no guarantees can be made, but it's unlikely that they saw any bad driving since it was a checkpoint. The .08 itself is sufficient to find you guilty, but a line of cases in the past two years has reiterated that a .08 does not require a guilty result. Of course, part of this is going to depend on your conduct - if you did well on the SFSTs, didn't make a ton of admissions, and you were polite/cooperative, walking ok, etc. you have a good issue on impairment.
You also may have a good issue on the checkpoint itself - checkpoints can't be for general crime enforcement. They need to have a specific programmatic purpose.
I'd suggest you contact Bill Powers, who posts here frequently. He's based out of Charlotte, but I believe he does cover your area. (I don't go to Greensboro, preferring to stay in my home county of Wake County). You can visit his website at www.powmac.com
This is certainly a case where you should talk to a lawyer - there are potentially good issues, and in the long haul, being found not guilty is worth the cost of the lawyer, if that happens.
<a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson represents people in Raleigh, Cary, Apex, and the rest of Wake County, North Carolina. The information provided here is for educational purposes only and should not be relied upon as the specific facts may change the potential advice. Consult with a licensed <a href="http://www.chetson.net">Raleigh criminal lawyer</a> or attorney in your jurisdiction about your legal question or problem. For a free consultation about a North Carolina case, call (919) 352-9411 day or night, any day of the week.Ask a similar question
In addition to your performance on police field exercises, breath testing is a questionable science. The use of breath testing machines in a truck on the side of the road is even more questionable. Make sure you hire a lawyer who can question the government at EVERY LEVEL to fight for your defense.Ask a similar question
You need the assistance of local, experienced DWI attorney who is comfortable in the courtroom and who will review the legal issues and offer advice on moving forward. Understand that every jurisdiction is different, but, as others have pointed out, the thing about checkpoint stops that is common from one state to another is that rarely do they involve observations by a police officer of bad driving which, on the open road, might get a motorist pulled over. Good luck.Ask a similar question
There is a real chance that (1) you are not guilty, and (2) you can win this case.
You need the assistance of a good dwi/owi/dui/drunk driving defense lawyer.
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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.
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.
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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Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced 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.Ask a similar question
I agree with each response. You need to find an attorney who has experience in taking DWI's to trial. You have some great facts that may result in a dismissal or a not guilty verdict. Based on the facts that you have recited, you should certainly fight this case.Ask a similar question
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