Jury Trial Or Plea Bargin

[jloessin]

What is the name of your state? TEXAS
DWI II, blew 0.11, failed field sobriety test

I just got out of court for a motion to dismiss evidence for a the arrest that should not have happened. My attorney thought I looked very good on the test, but the officer pick out to many clues and decided to arrest me. The judge today heard both sides and decided to not even look at the tape. And stated that the next judge either at a plea bargain hearing or trial by jury hearing would look at the tape..

My attorneys can not give me an answer as to whether I should proceed with a trial by jury because of the extreme cost to me, but they think we have a chance. On the flip side if I do not take the plea bargain and lose the trial by jury hearing I could face allot more jail time and more fines as well as the loss of the attorneys fees. I can not make a decision on which way to go.

Any suggestion would be greatly appreciated.

[seniorjudge]

Originally Posted by jloessin

What is the name of your state? TEXAS
DWI II, blew 0.11, failed field sobriety test

I just got out of court for a motion to dismiss evidence for a the arrest that should not have happened. My attorney thought I looked very good on the test, but the officer pick out to many clues and decided to arrest me. The judge today heard both sides and decided to not even look at the tape. And stated that the next judge either at a plea bargain hearing or trial by jury hearing would look at the tape..

My attorneys can not give me an answer as to whether I should proceed with a trial by jury because of the extreme cost to me, but they think we have a chance. On the flip side if I do not take the plea bargain and lose the trial by jury hearing I could face allot more jail time and more fines as well as the loss of the attorneys fees. I can not make a decision on which way to go.

Any suggestion would be greatly appreciated.

The BEST odds you have are 50-50 with a jury trial.

Do you have ANY kind of defense (you didn't give anything worthwhile in your post).

[jloessin]

The best defense that I currently have is that everything on the video tape of me during the field test looks good to my attorney and may look the same to the jury. My attorneys would like others to view the tape and see if we can get the breath thrown out for a false arrest.
Against me-is the officers testimony and the i5000 readings. However I was not intoxicated at the time i was driving. After 1.5 hours then yes my bac was probably accurate, but not at the time of driving. This incident happened in July 2005, the officers could not answer a lot of the question they asked because they did not recall.

[seniorjudge]

Originally Posted by jloessin

The best defense that I currently have is that everything on the video tape of me during the field test looks good to my attorney and may look the same to the jury. My attorneys would like others to view the tape and see if we can get the breath thrown out for a false arrest.
Against me-is the officers testimony and the i5000 readings. However I was not intoxicated at the time i was driving. After 1.5 hours then yes my bac was probably accurate, but not at the time of driving. This incident happened in July 2005, the officers could not answer a lot of the question they asked because they did not recall.

The best defense that I currently have is that everything on the video tape of me during the field test looks good to my attorney and may look the same to the jury.

That's just a probable cause exercise; it doesn't have anything to do with the actual crime. So, basically, you have no defense.

I'd ask your lawyer to try to get a really good plea bargain.

[jloessin]

what would you consider to be things in my defense, maybe not in mine but in other cases

[seniorjudge]

Originally Posted by jloessin

what would you consider to be things in my defense, maybe not in mine but in other cases

Proof that you were not, in fact, using drugs (as one example).

[jloessin]

I quess the problem is, is that at the time I was driving I was not intoxicated, but I did have a drink. So how can I prove that I was not at the time of driving but approx. 2 hours later I was over the legal limit. Do I still have a 50-50 chance or would still advise to go with the plea bargain

[seniorjudge]

Originally Posted by jloessin

I quess the problem is, is that at the time I was driving I was not intoxicated, but I did have a drink. So how can I prove that I was not at the time of driving but approx. 2 hours later I was over the legal limit. Do I still have a 50-50 chance or would still advise to go with the plea bargain

If you tested .11 two hours after your last drink, then you were roaring drunk when you were driving.

Take the plea bargain.

[BigMistakeFl]

It doesn't sound to me that you have a great defense, and even if their case is weak, you must depend on a jury to see your side of it. You have to ask yourself if you think a jury will side with your team or the cops who arrested you. That's a roll of the dice. Have your lawyer play hardball with the prosecution and press forward toward trial. Then I'd get the best deal they care to offer. The fee you paid your lawyer up front only goes up to the trial. The trial is usually extra, and you can still lose.

[garrula lingua]

Sometimes a case merits a trial based on a 'rising BAC' defense.
But, that only works if you drank a lot, quickly, got into your car and drove; the BAC on those cases are usu .08 or .09 when tested & testing is usu soon after the stop.
Your situation would be shot down by an expert. The BAC of .11 would be hard to relate back to under .08, when the alc is burning off each hour.

Maybe your expert could convince a jury; I think it's VERY doubtful.
Too high a BAC and testing was done too long after the stop.
The Prosecutor's expert will relate back to a BAC of about .14 while driving.

I'd try for a decent plea bargain.