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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 41220
Experience:  Run my own practice.
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I was sited .S.20-146(D(1)) while driving a motorcycle on an until road that is curre

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I was sited for G.S.20-146(D(1)) while driving a motorcycle on an until road that is currently under construction. End result was DWI but office stated to the magistrate that I never crossed the yellow or while line. Is there anything that can be done?
I was pulled over around 1:30am on a non light mountain road where the road is in poor condition due to road construction. Officer said I was waving in my own lane on a motorcycle and pulled me over when I went from white line to yellow line to white line around a curve. I was not speeding nor did I ever cross into the other lane. I was also wearing contact and office stated my eyes were glassy. I did take the breathalyzer test and blew a .11.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
I happen to be a fellow rider as well, and will do my best to help.
The most important issue here is the breathalyzer. Since you proved via machine that you were legally intoxicated, all other excuses, claims, or evaluations are now potentially supported. Unless you have video, such as a GoPro, which show that you were not weaving or speeding and therefore can challenge the legality and validity of the stop itself, this ticket is going to be upheld. What can be done, however, is possibly retaining counsel and asking the attorney to craft a plea deal for you--typically lower citations can be dropped, and in this case, unless you have a history of DWI, perhaps the attorney can get them to drop that violation and give you a reckless instead--no guarantee but that is your best bet since if you end up fighting this in court and are unable to invalidate the breath results, you will lose outright.
Sincerely,
Dimitry, Esq.

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