DWI probability of dropped charges and options?

[alne]

I was involved in a car accident DUI and felony assault SBI, my fiance was in the passenger seat without her seatbelt on.When I hit the other car she slid out the seat (she was in a curled up position sleeping) her ankle broke. She has signed an affadavit explaining the situation and not pressing any charges on me. I did take the field sobriety test and also blew a .18. I currently have an attorney that I have paid $15,000 but I feel as though he is not giving me the correct advice. What are my chances for trial by jury rather than have him work out a deal with the prosecutor (whom he says he knows personally). I am currently pursuing a Medical degree and this (my first DUI) will be a huge obstacle. They did offer a course I could take that would drop my DUI charge but this would be an 18 week course in another county. I was hoping that the House bill sb 218 would have passed allowing first time offenders deferred adjudication but it did not pass.

So now I am currently facing DWI/Intoxicated assault/evading.

I was not evading I was pulling my car off to the side of the highway and the police officer stated I was evading because I had gotten out of the car, then got back inside to move the car (at 20 MPH) on a highway to the shoulder.

Also since I have signed this contract with my lawyer would I be able to drop him for another?

Since I am dissatisfied with his services (he doesn't even know my name when we go to court and has to look it up, has treated both myself and my fiance negatively, has been considerably rude, and seemingly has no interest in my case etc). what options would I have in terms of suing him etc?

What are my possibilities of having the DWI dropped as well although I did blow over the limit? I had 3 drinks but I am 115lbs , and my body produces ALDH2*2 enzyme so alcohol break down is slower. (I had consumed the drinks around 2.5 hours before driving).


Also to note: the impact was so light to the other car that he described in the police report that he "thought a tire had blown".


Thank you for your suggestions.

 

[CdwJava]

What state are you in?

What statutes have you been charged with violating?

In general, if you have paid this guy $15,000 you are either being ripped, or he is a decent DUI attorney with an average pay scale for a dedicated defense through trial.

Whether or not your passenger wants to pursue charges or not will be irrelevant to the offenses you face.

Most of these offenses result in a plea of some kind. If you were to go to jury trial with an injured passenger, a BAC of .18 and getting back in your car to leave, you are almost certainly going to lose and will likely face the full penalties applicable under your un-named state's laws.

Consider consulting other attorneys if you wish, but you'd best do it fast because the court may not appreciate a last minute attorney change. You might also find that your attorney has given you good advice so far.

 

[justalayman]

If you want a trial by jury, tell your attorney you will not accept an plea deal and insist on a trial by jury. It is your right to hang yourself (which you will based on what you posted).

Also since I have signed this contract with my lawyer would I be able to drop him for another?

Sure but depending on your contract, you may not be due any refund of money already paid. Ask your attorney if you would get a refund of some of the money paid if you fired him.

Since I am dissatisfied with his services (he doesn't even know my name when we go to court and has to look it up, has treated both myself and my fiance negatively, has been considerably rude, and seemingly has no interest in my case etc). what options would I have in terms of suing him etc?

You can sue him but I have no idea what you would sue him for. I do not see you winning any such suit.

What are my possibilities of having the DWI dropped as well although I did blow over the limit? I had 3 drinks but I am 115lbs , and my body produces ALDH2*2 enzyme so alcohol break down is slower. (I had consumed the drinks around 2.5 hours before driving).

You blew a .18. Since you didn't name your state, I cannot look up any laws but that is over twice the legal limit in any state I can think of. You would have to go a long way to argue anything that would reduce the level enough to be under the limit.

and since you claim to have this enzyme that causes alcohol to break down slower, that simply means you would be drunk longer than a person without that enzyme. That is not only not helpful to you but harmful to your case. You knew you would be drunk longer than a typical person yet you still decided to drink and drive.