How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Marsha411JD Your Own Question
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20299
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
Type Your Criminal Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

I was a vcitum in a car accident w/o injuries. I had consumed

Resolved Question:

I was a vcitum in a car accident w/o injuries. I had consumed 2 drinks immediately prior to the incedent. I was given a FST, breathalyzer, and blood drawn. I was subsequently charged with OWI. The charge implies that I failed the FST, and my blood test showed a .059. I beleive I failed the SBT because of the trama of the auto accident, and was worried about my wife's injuries, which turned out to be all seat belt contraint related. I have pleaded not guilty at the preliminary hearing. Any suggested outcomes?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 7 years ago.

My first and strongest recommendation to you is that you retain an experienced DUI/OWI attorney. I make that recommendation because if you are found guilty, you will lose your driving privileges and your future employment opportunities may be limited, not only because of the no driver's license issue but also because of a conviction for alcohol or drug related driving incident. A good attorney can sometimes get charges reduced to reckless driving, or at least knows effective ways of challenging at the scene investigations. If you choose not to hire an attorney, then you can try to raise the issue that you have raised here as a defense. The likelihood that it will stick at trial depends in large part on the testimony of law enforcement person who interviewed you at the scene of the accident.
Customer: replied 7 years ago.
Ok thank you. If the charges cannot be plead down to reckless driving, should I pursue a jury trial? Would my chances be better doing that? Porter county is wellknown for being very tuogh on OWI cases.
Expert:  Marsha411JD replied 7 years ago.

A jury trial may be a good idea if the jury pool in your county is more likely to decide in favor of the defendant in these cases. I would ask a local attorney what they think. For example, where I live, I would always recommend a jury trial, since our community is very liberal and unconventional. On the other hand, if you live in a very conservative law enforcement friendly area, you might do better to take your chances with a judge alone trial.
Marsha411JD and 2 other Criminal Law Specialists are ready to help you