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Is it Possible to get a .17 lower.Its my first DWI and I was a mile from the Car when I got the ticket.I was not seen in the car
Anonymous10 views4 answers
State Highway Patrol gave me the Ticket I wasn't never seen in the car nor near the car or driving I said I drove the car but they could really place me in the Car only by my word.
You should consult a DWI attorney asap. You may have defenses to your case. But if the BAC is .17 and you are found guilty, you will be required to install the ignition interlock device in your car for a minimum of a year. So there's a lot at stake which is why you should talk to a lawyer.
A criminal defense lawyer can review the case to determine any potential issues. A thorough review is required in order for an effective strategy to be devised. Regarding your specific question, statements by a Defendant can generally be used as evidence against Defendant. As to the potential results that may be obtained in your case, I suggest consulting with a criminal defense lawyer to review your case in detail.
Ron Frey, Esq.
The Frey Law Firm, PLLC
Generally speaking, no - a BAC result can not be 'lowered'. The .17 BAC result may possibly be challenged in terms of its admissibility but the actual result generally can not be simply modified. However, the BAC result is likely not your problem - admitting you were driving when the cops presumably had nothing on you is your biggest problem. If you were not seen driving then you really should have keep your mouth shut - you have very likely ruined a potential defense by breaking the cardinal rule of don't ever talk to law enforcement - ever! Odds are, based on your description of events, that you could have walked away from this DWI charge but since you admitted you were driving you will likely be convicted. You should consult with an experienced DWI attorney to see if there is any way to avoid the damage your admission has done. And in the future remember don't ever say anything to law enforcement - not one single word - ever!
The district attorney will not likely reduce the charges. A DWI requires a long form explanation of any modification or dismissal of the charge, and due in part to the extremely political nature of DWI in NC, no district attorney will take the risk- better to have a trial and be found not guilty than reducing the charge, in the eyes of the DA. That said, you may have an issue that is well worth fighting. I would need a lot more information and detail, so be sure and hire a good attorney and provide him or her with as much detail as possible.
