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  #1  
Old 01-06-2009, 12:26 AM
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Join Date: Jan 2009
Posts: 1

HELP!!! Maryland DUI/DWI problem


What is the name of your state (only U.S. law)? Maryland

My friend was pulled over in September on his Harley for reckless driving. The cop asked if he had been drinking. He had and told the cop he had 2 beers. The cop gave him a field sobriety test (which he failed because he naturally has no coordination) but the breathalizer had him at 0.067. The cop STILL arrested him!!! He then did another test at the station where he blew a 0.061. Now, if memory serves ... the legal limit was .08 for DUI and .07 for DWI. He was below both numbers.

His court date was on 22 Dec and the lawyer he had hired sent an associate who told him it was the best idea to Plea it out. EVEN THOUGH HE WAS NOT DRUNK BY LAW!!! So he took the lawyers advice. He has probabtion and a TON of fees. He has to pay for probabtion, pay to do his community service, all on top of the fees. To me it sounds like he got a bad deal and he wants to see if there is anyway to fight the judgement.

Is there anything he can do????? What is the name of your state (only U.S. law)?
  #2  
Old 01-06-2009, 06:33 AM
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Join Date: Feb 2007
Posts: 8,077
Motorcycles are no place for even the mildly intoxicated. .08 is only the prima facie limit. Based on other observations he can be convicted at a lower reading. Reckless Driving was nothing to sneeze at either. Further, I hope this wises him up. Motorcycles are no place for even the mildly intoxicated. While I might get be hind the wheel at .04, I wouldn't get on a bike after consuming anything.

If he's already been to trial, plead guilty, found guilty, there's nothing to do at this point.
If he didn't like his legal advice before trial, he should have found better counsel.
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