Can I fight this ?

This is a discussion on Can I fight this ? within the Drunk Driving, DUI, DWI forum, part of the Traffic & Speeding Tickets category; I blew a .13 but I was too drunk to be held for my actions I was at a party ...

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Old Aug 12th, 2009, 09:56 PM   #1
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Default Can I fight this ?

I blew a .13 but I was too drunk to be held for my actions I was at a party and then I started to remember after I was taken to the police station . They said I was driving my friends car and we wrecked in a ditch she was too drunk to really remember either but I think she blamed me when they got there , Is there any way I can fight this DUI charge by offering community service or anything but I wouldn't of done something like this and this will be my first offense , I'm in SC . I was just too drunk to remember or control myself .
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Old Aug 13th, 2009, 10:43 AM   #2
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Default Re: Can I fight this ?

Get a skilled DUI lawyer immediately. And try to get that off your record or at at least minimized somehow.

You really should not handle that by yourself at this point.
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Old Sep 7th, 2009, 08:01 PM   #3
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Default Re: Can I fight this ?

Too drunk to remember is not a valid argument. You voluntarily drank alcohol and therefore are held accountable for your actions. If someone slipped something in your drink that caused you to black out, that would be different.

Your biggest problem is that you do not remember what happened. It is helpful to an experienced DUI Lawyer if you can tell them about the night and what the cops told you and how they told you to do the standardized field sobriety tests. (SFST). These tests and other evidence can be attacked by an experienced DUI Lawyer. However, even without your input from the events of the night, the tests and other evidence can be attacked. The SFST have strict rules on how the tests should be given and if the cop doesn't follow these rules they reliability of the test is greatly compromised.

Thomas W. Kroger, Esq.
Kroger Law Office | Law Firm Located In Morgantown, WV 26505
WV DUI Lawyer
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