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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 24406
Experience:  10+ years defending Misdemeanor and Felony cases.
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I have a friend in kentucky who is the county attorney is trying

Customer Question

I have a friend in kentucky who is the county attorney is trying to charge with a dui and 4th degree assault . the person who the officers said was the victim doesn't want to press assault charges and my friend was picked up at a residence whereshe was given a breathalizertest but didnt actually consume the over the limit amount of alcohol till she got there. officer has no proof she was driving over the limit. can this charge get overturned/thrown out? and what are the chances of getting out without jail time past the 24 rs. she already did?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 4 years ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I certainly understand her situation. It certainly sounds like she may have some legal defenses to raise and should 100% retain legal counsel, to represent her. The decision to proceed on the assault charge, is up to the State. While the victim can certainly express their desire to not press charges, the State does have the final say. Moreover, the success of the assault charge normally depends on the cooperation of the victim with the state, is appearing and testifying. If they fail to do so, the State may not be able to proceed. In addition, for an officer to arrest and charge someone for DUI, they need to be in actual or physical control of the vehicle. If the officer never saw the person driving nor observed any type of impair, prior to arriving, it is going to be hard to prove they were behind the wheel of the car AND impaired. As you stated, a person can consume alcohol once they get into their home, which is not against the law. Please let me know if you have any follow up questions or need any clarification on something which I stated above. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 4 years ago.
she has a lawyer who seems to think if it goes to trial she'll get convicted. C A wants her to pleabarain, take the dui charge. and she has no witness to her drinking after she got there. she also admitted to having one beer a few hours before she drove to the house
Expert:  CrimDefense replied 4 years ago.
She does need to rely on the advice of her attorney, since they are the most familiar with the facts of her case. She can take a plea bargain if the attorney thinks it is in her best interest or if she wants, go to trial. The decision is up to her.