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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102142
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Received ticket dui issued by US Army MP on west point

Customer Question

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: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.

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.

Customer: replied 1 year ago.
refused breathalizer
no field sobriety tests given
Expert:  Ely replied 1 year 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.
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