Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for using JustAnswer!
What did the person blow on the breath test?
How much did the person tell the officer that they had to drink?
Was there an accident?
Why was the person pulled over by the police?
Officer said i failed to maintain right side of lane,no accident, told officer I consumed 2 beers earlier, refsed breath test at station
Then there is no need for the DWI to be dismissed.
The prosecutor does not need to introduce evidence of field sobriety tests to secure a DWI conviction.
Improper lane use and admissions of consumption of alcohol can be enough for the prosecutor to get a conviction.
What about the above medical impairment defense
If one is not able to safely operate their auto as a result of a medical impairment, then they should not be operating their auto at all.
And, the jury will reason, if one has a medical impairment which does not allow them to safely operate their vehicle (e.g., by maintaining proper lane usage) then one certainly should not consume alcohol before getting behind the wheel.
If you have a follow-up question, please reply and ask it.
If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Thats not what my attorney said
Is there anything else that I can assist with?
no///and you were not helpful
wish to speak to someone else
have you seen that defense be successful in the past