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Roger
Roger, Lawyer
Category: Criminal Law
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I was arrested and charged for DWI in Ulster County, New York,

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I was arrested and charged for DWI in Ulster County, New York, having failed all the tests. The alcohol test indicated that I had .09 alcohol. I had had three glasses of wine prior to driving back to the motel, which I told the officer.
I was not driving recklessly, but did swerve when I saw three deer alongside the road. The officer noted that, but did not mention it in his report. My car was searched, my two friends were searched, and the officer gave my purse to one of my friends, without even getting his name, which I though bizarre.
I have never been charged for a crime, never arrested. I must appear in court next week. The officer said that because I had no criminal history and because my alcohol level was quite low, I would not get too severe a punishment.
Should I plead guilty? Please let me know. I am a teacher and any sort of publicity would result in my losing my job. thank you
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney here to assist you.

 

I would recommend that you have a local DUI attorney review your case since your reading was so close to the legal limit of .08. All intoxilyzer tests have a margin of error of up to 10%. Thus, an attorney may be able to have the results thrown out based on the margin of error.

 

Also, if there was no probable cause for you being stopped, you'd have the ability to claim this as well.

 

Because of the risk involved with you losing your job, you really have no choice but to defend yourself and try to get the ticket dismissed.

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