I was arrested for DUI over 0.15 BAC. However, the dash video shows no obvious cause for the stop. Driving was normal, observing all expected safe practices. My police report, written by a different officer than the observing officer, says I crossed half my car over the line and went in opposing directions to traffic. Both of which can be verified as false on video.
Because of this my attorney and I filed for a motion to suppress. Before the motion, the state attorney opposed a reduction to reckless and offered a reduction to DUI under 0.15 BAC. Afterwards, the state attorney sent guidelines for consideration of a reduction to wet reckless driving under sympathy/bad case reasons - requiring character letters.
Is this a sign of a good case? Should I proceed with the motion challenging the stop? Or should I aim towards the reduction to reckless?
Unless you are 100% sure that your motion to suppress would be granted, you are most likely better off accepting a reduced plea to reckless driving. Taking the chance of having a DUI on your record could be catastrophic. If you ask most DUI practitioners, they will tell you they have never met a reckless they didn't like.
Do yourself a favor and a) show some more respect for your attorney and the attorney-client relationship (by not asking other lawyers to Monday morning quarterback your attorney) and b) do not foolishly rely upon any cyber lawyer's advise, if any cyber lawyer is foolish enough to suppose to advise you as to what you should or should not do in your case (because none of us have any business advising you on matters which are clearly best reserved for the one lawyer on the planet who is competent to offer the advise that you seek... your lawyer).
My advise: Get offline and into your lawyer's office.
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Your attorney would be best situated to provide you with the best course of action. He knows the judge best, the prosecutor best, and the likelihood of you prevailing.
There is absolutely no way an online attorney can advise you as to what you should or shouldn't argue, what should or shouldn't be filed, etc without looking at the evidence of the case.
It's like calling up a doctor and asking with disease you have without him examining you.
I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
Motions to Suppress, like trials, are like footballs. You just never know how they'll bounce when the game starts.
The state has agreed to offer you a much less onerous option to resolve your case. Sit down with your lawyer and go over the pros and cons. Trust who you hired on the legal advice, but you have to go with your gut.
Keeping in mind that if you lose the motion, you'll have to decide on a trial on a DUI or a plea.
I hope that I've been helpful, not too judgmental and I wish you good luck.
Every case and situation is different and my answers will vary greatly depending on the specific facts of each one. My answers shouldn't be considered complete answers to each question and an answer doesn't establish an attorney/client relationship. Always seek the advice of your own attorney. I am licensed only in the State of Florida and in Federal courts. Florida Bar #337821, Admitted 1982.
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