I was in a major car accident, my car was completely totaled. My police report states that I "displayed clues to being intoxicated," but does not specifically say that I failed the field sobriety test. They also said i couldnt provide proof of insurance at the time, but i am insured, and was at the time of the accident. I have hired an attorney, who is apparently very good, yet also very busy and keeps saying not to worry, but that's all. I'm still worried, and wondering what I can expect when I go to court.
This is a complicated situation that should be best answered by your lawyer. If you are paying them a flat fee, rather than by the hour, then insist on a meeting so that they can explain what you are facing.
I'll take a crack at a few things...
Did you refuse to provide a chemical sample? If so, the prosecutor may suggest that only a guilty person would do this. If not, why was no chemical test done? Did they deny you the opportunity to provide a test that might have shown you were not DUI. Without a chemical test result, the prosecutor will have to show your intoxication by your actions. They will likely feature your car accident. However, people get in accidents every day without any alcohol in their system. They will point to these other "clues" which your lawyer will attempt to discredit.
Good luck to you but talk to your lawyer!
No answer here should be considered to form an attorney-client relationship. You should consult with a licensed attorney in your jurisdiction so that a full evaluation of the facts of your case can be conducted.
First things first. Keep bugging your attorney, the squeaky wheel gets the grease. I say this because you have hired him and he will know what to expect in your situation best because he has read the discovery and has probably spoken to the prosecutor about your case.
As for the what you should expect in your case. It's really hard to tell. Your attorney maybe able to get the charge reduced due to the lack of scientific test that shows the level of alcohol in your system but I doubt it since there was an accident.
So you may end up going to trial where the officer(s) who investigated the scene and saw your behavior will testify. You will get the opportunity to testify as well but there are some strategic reasons why you may not want to.
A lot of what happens will depend on your attorney's strategy and what the jury decides. But like I said,TALK TO YOUR LAWYER.
You state you have an attorney. Ethically we cannot give you an advice other than speak with your attorney concerning this matter. Good luck.
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