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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19676
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I was a vcitum in a car accident w/o injuries. I had consumed

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I was a vcitum in a car accident w/o injuries. I had consumed 2 drinks immediately prior to the incedent. I was given a FST, breathalyzer, and blood drawn. I was subsequently charged with OWI. The charge implies that I failed the FST, and my blood test showed a .059. I beleive I failed the SBT because of the trama of the auto accident, and was worried about my wife's injuries, which turned out to be all seat belt contraint related. I have pleaded not guilty at the preliminary hearing. Any suggested outcomes?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 7 years ago.

My first and strongest recommendation to you is that you retain an experienced DUI/OWI attorney. I make that recommendation because if you are found guilty, you will lose your driving privileges and your future employment opportunities may be limited, not only because of the no driver's license issue but also because of a conviction for alcohol or drug related driving incident. A good attorney can sometimes get charges reduced to reckless driving, or at least knows effective ways of challenging at the scene investigations. If you choose not to hire an attorney, then you can try to raise the issue that you have raised here as a defense. The likelihood that it will stick at trial depends in large part on the testimony of law enforcement person who interviewed you at the scene of the accident.
Customer: replied 7 years ago.
Ok thank you. If the charges cannot be plead down to reckless driving, should I pursue a jury trial? Would my chances be better doing that? Porter county is wellknown for being very tuogh on OWI cases.
Expert:  Marsha411JD replied 7 years ago.

A jury trial may be a good idea if the jury pool in your county is more likely to decide in favor of the defendant in these cases. I would ask a local attorney what they think. For example, where I live, I would always recommend a jury trial, since our community is very liberal and unconventional. On the other hand, if you live in a very conservative law enforcement friendly area, you might do better to take your chances with a judge alone trial.
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