Daughter received a DUI under the following circumstances, any advice on how to present defense to the Judge ? Using a public defender with a initial plea of Not Guilty. While driving on wet road, alone in car, , transmission locked up causing car to fish tale, end up in a ditch, and become undriveable. Police arrived on seen, initially helpful , stated they smelled alcohol , administered field sobriety which was failed. Field breathalyzer showed .148.. She was detained and is out on bail. She has 2 small children. This her first OVI.. Happened in Painesville OH, Lake County. Vehicle was towed and subsequently scrapped. Any advice is appreciated.
1 Answer from Attorneys
Breath tests given in the field are done on Portable Breath Testers (PBTs). Their results are not allowed in trial so a motion to exclude those results should be filed. There may also be a problem for the police in that if they don't know when she went off the road, then they will have a time of it trying to show that she was affected by alcohol when she was driving. But usually they will have some statements giving some evidence, whether admissions by the driver or a witness who saw the crash and called it it.