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BWI with Injury

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bigbuck54

Junior Member
I was arrested for a bwi, in my state it is treated the same as a dwi. Someone was injuried in the coarse of an accident on the lake (hit a marker). When I called 911, we went to the dock and police got conflicting stories as to who was driving. I told them I was not, the injuried person was, the other two passengers who were very intoxicated said that I was. When I finally get the police report from my attorney I see that the injured individual stated he did not drive the boat at all that night, when I read further the other two witnesses stated he did not drive the boat at all that night, at the end of the report it states that two off duty police officers who were working security at the bar we were at corroborated my story by stating that the injured person was driving when we left the dock at the bar.

My question is this, seeing as though we now have the police report (ADA also), what is the possibility of having this dismissed seeing as though my story is confirmed with the officers by stating that I was not driving? Texas
 


CdwJava

Senior Member
Who was operatin the boat when it left the dock is not as important as to who was operating it when it collided with the object. Of course your attorney can certainly raise this as an issue and it might be sufficient reasonable doubt to allow you to prevail.
 

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