I was cited for speeding. The officer didn't notice any bad driving other that that. No wide turns,blank stare,weaving, diff

9 views 2 answers
iculty retrieving my information, and good balance. Yet lies that I cant keep my balance on the FST, red eyes, slightly slurred speech, smells alcohol, consumed alcohol, what's my best bet? A jury trial?

Attorney Answers

2
Gregory Yaghmai ·
Many arrest reports on DUIs in Alabama read, "bloodshot eyes, unsteady on feet, slurred speech, strong odor of alcohol." The SFST are subjectively evaluated by an inherently biased officer. In Alabama, at the municipal (or district court) level you can have a bench trial. If you are found guilty, you can appeal "de novo" (Latin for "from the beginning") and demand a jury trial. The real world impact is there is no longer a conviction and a jury would not even know a bench trial occurred. You would start with a clean slate in front of the jury. Your best bet is to hire a seasoned DUI defense attorney. NCDD.org is a leading organization of DUI defense attorneys. They have a geographical listing of several premium DUI defense attorneys.
0 upvotes
Patrick Mahaney ·
It is always in your best interests to hire an attorney skilled in DUI defense. The top criminal defense lawyers specializing in DUI cases are members of the National College for DUI Defense, or the NCDD. The listing of NCDD members in your area can be found at: www.ncdd.com Under Alabama law, there are two type or kinds of 'alcohol' DUI offenses. The first type is known as a per se violation and requires the prosecution to offer into evidence an admissible blood or breath test with the results of .08% or greater. In such cases, evidence is impaired driving is not required; the blood alcohol concentration is legally sufficient in and of itself to render a conviction. The second type of alcohol DUI offense is known as 'under the influence' of alcohol and no evidentiary test is required, but evidence of physical impairment caused by alcohol consumption along with impaired or unsafe driving operation is required. The degree of impairment to sustain a conviction is soley in the decision of the fact-finder. In the Birmingham metro area, attorney Greg Yaghmai is considered one of the best for DUI defense. Mr. Yaghmai is highly skilled in representing persons charged with DUI and has an excellent record as a trial attorney.
0 upvotes