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Can husband beat a D.W.I. in N.C.?
He has No record at all. He doesn't even have a speeding ticket, and he is 31. We were leaving a bar and a cop pulled him. He blew .14. Can he get the charge dropped or reduced. His job depends on clean driving record. This is in North Carolina. THANKS A LOT!!!!!!!
He was pulled for doing nothing wrong. Cop did not have a good reason to pull OTHER THAN the suspicion that he was under the influence because we left a BAR. Husband was polite..TOO polite! He passed the field sobriety test because I watched him. That field sobriety test was recorded to, and the lawyer we have retained said he will get a copy of it. Also..we literally live 2 blocks from the bar, and my husband could have gone through parking lots to get home. He was capable of driving home. I know b/c I was with him. Attorney said that if in fact, the video shows husband DID pass the F.S.T., that the officer did not have probable cause. Cops have rules to adhere to follow as well. Thank GOD for courts and judges and D.A.'s, because if it was up to the public, you guys would not have the objectivity to be fair yourselves.
I don't condone drunk driving. I certainly don't do it. I also don't condone COPS pulling people in the hopes that they might catch something.
9 Answers
- StarlordLv 78 years agoFavorite Answer
There are ambulance chasers who specialize in defeating DUI charges. He blew a 0,14% BAC. Most states, if not all, have changed the legal level to 0.08% BAC. This means your husband was almost twice the legal level to qualify for arrest for DUI. His clean record has no bearing on the charge. It only takes one drunk driving accident to kill someone, and there goes the clean record anyway, why do you feel he should escape the consequences of his decision to drive drunk?
Source(s): Former deputy sheriff/corporal - ornery and meanLv 78 years ago
It's possible that a very good lawyer might get the charge reduced, but a lawyer with that much skill will not come cheap.
His job depends on a clean driving record, and he got caught driving with a .14 BAC ... he did not plan that too good, did he?
I doubt he will find much leniency in the court, probably even less from his employer. If he drives a company owned, rented or leased vehicle for his job, there is a good chance that privilege will be revoked ... even if he somehow dodges the bullet on the DWI charge.
- q SLv 78 years ago
Holy Cow !!! a .14 thats almost double the legal maximum. It's actually half way to alcohol poisoning. There is no way at all for your husband to avoid losing his license. he may need to serve some time in jail and attend alcohol addiction classes.
Thankfully, he didn't hurt or kill any of the good and decent people of NC.
- EverestLv 58 years ago
Everybody who gets their first offence did not have an offence prior to that. That won't go very far in court. Blowing .14 shows that he was almost double the legal limit and didn't show any regard for the lives of others on the road. He will have to face the consequences of his foolish actions.
- Jimm BobbLv 68 years ago
Tell me how you think he can beat it.
Juries and Judges are sick of drunk drivers, and they'll nail his a$$ to the wall.
Best thing he can do is be upfront about it and plea with the prosecutor to cut a deal.
