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Received ticket dui issued by US Army MP on west point

Customer Question
received ticket for agg dui...
received ticket for agg dui issued by US Army MP on west point
vehicle was parked at a campsite, no accident and noinjuries or damage to anyone
was issued a cittaion and released
date of incident on citation is actually incorrect
citation says to appear at US District court in one month
what are my chances of beating this (with lawyer of course)?
Submitted: 2 years ago.Category: Criminal Law
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Answered in 18 hours by:
8/3/2015
Criminal Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,687
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.

I am sorry to hear about this. Can you please tell me if you blew into a Breathalyzer at the scene?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

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Customer reply replied 2 years ago
refused breathalizer
no field sobriety tests given
Criminal Lawyer: Ely, Counselor at Law replied 2 years ago
Thank you, kindly.
Prosecutor's Leverage
If this case gets to trial, the prosecutor is likely to call the MP who will make an appearance and explain what he feels happened. He may or may not bring his dashboard camera tape that can also show what happened (I think now, MPs must have one too in most cases), if there is one. Normally, the Judge (or Jury, if you have a jury trial) takes the word of an officer over the Defendant.
Your Leverage
The prosecutor is normally very backed up. They are handling literally dozens of cases at once. Setting a matter for trial - jury trial, more so - is a serious issue since they have little time to prepare, file the proper motions, and generally make room for the trial to happen. In addition, the fact that there was no field sobriety test or breathalyzer really helps someone in your situation, as the prosecutor has no way to prove beyond a reasonable doubt that someone in your situation was intoxicated except any eyewitnesses and the MP.
I would retain counsel as soon as possible. While chances are still technically against the Defendant in a federal case (most end in convictions), a situation like this does bring extra hope.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
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Ely, Counselor at Law
Category: Criminal Law
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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