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Sunday, October 30, 2011

Criminal Law Q&A

Question: How can I qualify for a wet and reckless driving charge instead of a DUI?
Question Detail: I was driving home from a birthday party, and was feeling sober. I was pulled over for speeding, and I got a DUI. My BAC was around 0.09. How can I qualify for a wet and reckless? I have a good record besides this.

Answer:  Unfortunately, in New York State, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute under New York State Law. 

Question: Do I need to turn myself in to the police?
Question Detail: Hit and run at fault. Police report filed. I have not turned myself in yet - wondering if I should.

Answer:  You should first contact a criminal defense attorney and ask him to accompany you to turn yourself in.  There is probably a warrant issued for your arrest, and the longer that you wait, the worse the consequences may be. 

Question: Can you get a DUI if your blood alcohol content is less than the legal limit?
Question Detail: My son informed me that he was pulled over on Tuesday night and got a drunk driving charge. He was with his friend in the car and they were driving on their way home. My son still lives with us. He says that the officer gave him the field test and he passed and that he passed the breathalyzer too but that they still gave him the DUI? Is this possible?

Answer:  If the officer doesn't have the results of a breathalizer, then it will be difficult for the officer to prove the case in court.  Without the breathalyzer, then all the police officer can go on is his observations, which by themselves are not enough to prove DUI. 

Your son should have been given some appearance ticket if he was charged with DUI.  Ask him to show it to you so you can see what the actual charge is.  Please feel free to contact me directly at any point if you wish to know more, and you find the specific charge he received. 

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