Criminal Law Questions? Ask a Criminal Lawyer.
She might be able to argue that the field sobriety tests did not accurately indicate intoxication, since she has other problems that may have caused her to fail the field tests.
She won't be able to get the case dismissed because she did not consent.
It would not be likely that she could get the case dismissed at all, it would be an issue of whether there is reasonable doubt... which is something that must be determined by trial.
So there is some room for her to possibly get a not guilty verdict by showing that there is reasonable doubt, but it would probably have to go to a trial unless the prosecution willingly dismisses the case.
I ran out of characters and wanted to ask one other thing. Do you think we have a good chance of getting decent representation from a public defender if we want to challenge this and, if not, can you provide some advice on how to weed through the advertising and choose a competent and affordable attorney?
In my opinion, public defenders usually do a pretty good job, but it does depend on where you are and what the caseload is like, etc.
If you want to hire a lawyer, which is recommended if you can afford it, I would just check www.martindale.com Lawyers are rated by their peers and former clients.
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