Can I get this DUI reduced

[twinkle33]

What is the name of your state? Ohio I was pulled over after Highway patrol supposedly saw me run a stop sign, which I did not do. I had 2 witnessess in the car. They did not pull me over at the scene, they waited till I got to a bar parking lot where I was dropping off a friend. The came to the car and asked for license and registration, which I promptly gave them. I was immediately asked to get out of the car and placed in the front seat og their cruiser. She got in the car and asked how much I had to drink. I replied about 3 beers. She then gave me a prolonged horizontal gaze test, after asking me if I had anything wrong with my eyes other than wearing glass. I replied I had estigmatism. She then placed me in the back of her cruiser and administered a breath test. She told me I was over the limit and placed me under arrest. I was taken to the station and about 40 minutes later, given a breath test, which was .104. Why before even running my license was I put in the cruiser? She wrote that I had an odor of alcohol, which the other 2 people in my car had been drinking, and red glassy eyes. i had been at a club listening to aband where there was alot of smoke.

 

[twinkle33]

please reply

i see people looking but no replys any advice? my lawyer feels confident he can get it reduced to wreckless op..and he is questioning their probable cause..he is getting video feed from the cruiser

 

[seniorjudge]

Q: Why before even running my license was I put in the cruiser?

A: Safety of the officer.


You wanted to know if you could get this reduced but you gave no facts as to why it should be.


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Other people may give you other advice; stand by.

 

[twinkle33]

response

my lawyer said he feels like he can get it reduced...i blew a low reading...and as for safety of an officer, they had not even ran my license yet.so why put me in the cruiser to begin with?

 

[seniorjudge]

Q: why put me in the cruiser to begin with?

A: they had not even ran my license yet

 

[Alchohol_Free]

You're Lucky

i see people looking but no replys any advice? my lawyer feels confident he can get it reduced to wreckless op..and he is questioning their probable cause..he is getting video feed from the cruiser

It's rare that you can find an attorney that will actually fight a DUI case, even for a lesser charge. usually, they'll only negotiate your sentencing. So, if you can get off with a lower charge, consider it a miracle and start going to church.

If you BAC is over the legal limit, it's over the legal limit. Not much you can do to argue about that.

 

[twinkle33]

i know

i know, i figure it's worth a try..he said he feels confident he can get it reduced to a wreckless, doesnt mean he will..he is questioning probable cause to even be pulled over because we believe the trooper is confusing a yield sign with a stop sign...even so, It will NEVER happen again! I wont ever take that chance again!

 

[twinkle33]

my husband

My husband got his 4th dui reduced to recless op with a good attorney!

 

[LawGirl10]

I know I might get a crappy response to it, but so be it. You and your husband need to stop drinking and driving.

 

[seniorjudge]

I know I might get a crappy response to it, but so be it. You and your husband need to stop drinking and driving.

Why are you bringing common sense into a discussion about the law?

 

[LawGirl10]

Why are you bringing common sense into a discussion about the law?

LOL....I know, I know.

I can't help it, it just creeps in every once in awhile. "Bad LawGirl, Bad Law Girl......"

 

[seniorjudge]

LOL....I know, I know.

I can't help it, it just creeps in every once in awhile. "Bad LawGirl, Bad Law Girl......"

Let's just hope that law school knocks that common sense out of your head!

 

[twinkle33]

okay

first of all, my husbands last DUI was 15 years ago, and 2nd of all I normally don't drink and drive, I was driving a friend who was wasted and I wasn't. I payed the price. No one had $ for a cab

 

[LawGirl10]

first of all, my husbands last DUI was 15 years ago, and 2nd of all I normally don't drink and drive, I was driving a friend who was wasted and I wasn't. I payed the price. No one had $ for a cab

.104%: by law, you were wasted.
Yes, you paid the price, but someone else could have
Congrats to your husband for not doing it any longer.

 

[LawGirl10]

Let's just hope that law school knocks that common sense out of your head!

I keep wondering when it will happen. 3L or after I pass the bar?