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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
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Experience:  Handling criminal and probation matters for over 14 years.
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What are the chances of gettting a a DWI dismissed do to a

Resolved Question:

What are the chances of gettting a a DWI dismissed do to a documented medical condition injury to back knee and leg that rendered the accused incapability to perform field sobriety
test
Submitted: 3 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 3 years ago.

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

What did the person blow on the breath test?

JB Umphrey :

How much did the person tell the officer that they had to drink?

JB Umphrey :

Was there an accident?

JB Umphrey :

Why was the person pulled over by the police?

Customer:

Officer said i failed to maintain right side of lane,no accident, told officer I consumed 2 beers earlier, refsed breath test at station

JB Umphrey :

Then there is no need for the DWI to be dismissed.

JB Umphrey :

The prosecutor does not need to introduce evidence of field sobriety tests to secure a DWI conviction.

JB Umphrey :

Improper lane use and admissions of consumption of alcohol can be enough for the prosecutor to get a conviction.

Customer:

What about the above medical impairment defense

JB Umphrey :

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.

JB Umphrey :

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.

JB Umphrey :

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.

Customer:

Thats not what my attorney said

JB Umphrey :

Is there anything else that I can assist with?

Customer:

no///and you were not helpful

Customer:

wish to speak to someone else

JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
You didnt answer the question i asked
Expert:  JB Umphrey replied 3 years ago.
I believe I answered that it would not be dismissed.
Customer: replied 3 years ago.
didnt answer about physical impeedment to field sobriety due to injury as a medical defence
Expert:  JB Umphrey replied 3 years ago.
The prosecutor does not need to introduce the field sobriety tests to get a DWI conviction.

The failure to maintain your lane and the admission to having consumed 2 beers is all the evidence the prosecutor needs to get a DWI conviction.
Customer: replied 3 years ago.
Failureto maintain line could be due to pain and fatigue from injury
Expert:  JB Umphrey replied 3 years ago.
Then you can make that argument to the jury at your trial.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

have you seen that defense be successful in the past

Expert:  JB Umphrey replied 3 years ago.
Not when the person has admitted to the officer that they consumed 2 beers. No.

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