In Florida after having a beer w my dinner I got extremely ill on my way home. Pulled into gas station to vomit n police was at same gas station. They approached me n asked if I was drinking. I said I had a beer w dinner but that wasn't what was going on n I was sick to my stomach. They asked me to walk a line n I agreed but said I was shaking from being sick n stopped after few steps. I was places under arrest. I agreed to breath test but since my blows never produced enough air for readings they marked it as refusal. My arrest report now says I failed tesets I never toon roadside, drank beers n mixed drinks, slurred, flushed n purposely didn't blow correctly n states no signs of illness although they wrote vomiting. I hired attorney n at dmv hearing was asked yes no questions n never was told I could elaborate. Now attorney says hope for wreckless charge. Am I to believe that throwing up in parking lot, which now I believe was food poisoning can result in all this n I am to just take it? Has to b hope somewhere but how can I fight this?!
3 Answers from Attorneys
You always have the ability to fight a case, but you need to sit down and talk with your lawyer to get an idea of what you are facing. Given the facts as the law enforcement officer would present them, there is evidence that could result in your conviction. In most DUI cases a reduction to reckless driving is the best outcome. Make an informed decision after you discuss the risks with your attorney.
1. Make sure the attorney you have is well versed in DUI law. If not, get one who is.
2. You always have the right to go to trial even if your attorney advises against it. If you lose, you could go to jail, but first time offenders whose case is not way out of line rarely do.
3. The evidence you presented here sounds defensible, but I haven't seen the police report, nor do I know where this DUI occurred.
Your opportunity to "fight" is with a jury trial. Note that a favorable outcome is not guaranteed. Your trial will be based on evidence and credibility. Your attorney can present the evidence you have described in the best way and you can still be convicted. You may need to take the police report and other court documents in your case for a sit down consultation for a second opinion. If there is a video in the case you will need to obtain that video as well.
Natalie Hall, Esq.