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Second DWI No Proof he was drunk!

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vbrown87

Junior Member
What is the name of your state (only U.S. law)? New Orleans, Louisiana

I am actively searching for all the information I can gather for my boyfriend's case. We don't have any money for a lawyer so he is trying to represent himself. He has a public defender, who is not helping in the slightest, only trying to get him to plea guilty.

He was pulled over in the summer and charged with a DWI. He maintains that he was not drunk when he was pulled over, but he had a glass of wine. He requested to have his field sobriety test video taped, but the officers did not do so. They then tried to get him to take a breathalyzer, which he refused. To me, this sounds like they have absolutely no physical proof that he was drunk. There are also a few inconsistencies in the police report. The cop wrote that while he was making a RIGHT turn, that his left rear tire hit the curb. Not really possible.

I suppose the biggest issue here is that this is not his first DWI. He also got one as a minor (I am not sure of what age...) and he and his family hired a lawyer. The lawyer was supposed to get that charge placed on his juvenile record, but for whatever reason, it was not and it is on his adult record. So technically, to the court, this looks like his second DWI. He actually has never even had an accident!

I am looking for any and all advice I can get. Is there a way we can repress the old charges so they can not bring them up in court? Is there a way to get a jury trial, where they would have to prove to all the jurors that he was drunk? I am solely looking for help, not to be lectured or told that my boyfriend is an alcoholic. Please help if you can.

Thank you!
 
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tranquility

Senior Member
The police will give the objective signs as to why they thought he was under the infulence of alcohol. The jury will believe them. They will then hear the instructions from the judge regarding the presumptions allowed when a person refuses a chemical test. They will not be in your boyfriend's favor. There is evidence against him, there are presumptions against him and the best evidence he could have had to defend himself will be unavailable because of his refusal. The jury will believe the prosecution and the judge will find him guilty with whatever special enhancement comes with chemical test refusal in your state.

You will not be able to properly research this. You do not have the skill or experience. I suggest you have your boyfriend listen to his attorney.
 

Zigner

Senior Member, Non-Attorney
And, for the record, there are multiple instances where it would be possible for the left-rear tire to hit a curb during a left turn.
 

BigMistakeFl

Senior Member
Yeah, I thought of that too. Right rear tire hitting the curb on a left turn might be harder to do, unless he was in a cool 360 spin!
 

vbrown87

Junior Member
And, for the record, there are multiple instances where it would be possible for the left-rear tire to hit a curb during a left turn.
I am sorry, it was a RIGHT turn, I mistyped it...

I unfortunately don't think that there is much he can do, especially without an attorney...I was just hoping somehow there might be something we could do.

Does anyone know about the length of a jail sentence would be for this?
 

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