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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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no breath/chemical test, hgn was dismissed at dmv hearing,

Resolved Question:

no breath/chemical test, hgn was dismissed at dmv hearing, what are the chances of the dui being dismissed in court
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.
Very, very low. DWIs are rarely dismissed outright. They can occasionally get changed to another charge but even that is becoming rare. The main reason is that DWIs are so politically charged now. The group MADD has tremendous political power and can bring it to bear on any prosecutor who dismissed charges.

The biggest issue in a DWI case is the video. If you have a good video, then you have a chance of getting a good deal or getting the case changed to something else. If your video is bad then the chances of getting anything other than a DWI are unlikely.

Please ask any follow up questions in this thread.
Customer: replied 1 year ago.


There was no video. how about a reckless with diversion?

Expert:  Dwayne B. replied 1 year ago.
Your chances are much much better at getting that. With no video and no breath test and with the right lawyer you stand a pretty good chance.

Why was the HGN test thrown out?
Customer: replied 1 year ago.

During the DMV hearing, my attorney examined the cop and demonstrated that the HGN was not performed correctly by the cop..

Expert:  Dwayne B. replied 1 year ago.
Assuming that there is a record of that and the police officer doesn't lie now then your chances are good of getting a reduced offer. Even if the HGN is done correctly it is only accurate about 75% of the time which means it is wrong 25%.

You have a much better chance at getting a good resolution than 90-95% of the people who get charged with DWI, just don't get hung up on getting a dismissal.

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Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27011
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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