I wrote a few months ago about my ex getting a DUI in October. The first court date he went without an attorney, they "looked at me like I had two heads" he said, and told him to come back to court Jan 30 and bring a lawyer. He was going to plead not guilty.
This is the case where he blew a 06.
I have been able to find out a lot more things since then. My ex did get a lawyer, not a DUI specialized one but he does have a lawyer.
According to the police report, my ex was not able to complete the heel to toe test, he went a few steps and asked that the directions be repeated.
The next test, where you stand on one leg he apparently failed as well. He tried to do it could not, and said "should I try again?" He was unable to complete the test and told the officer so. The eyeball test he apparently failed as well because out came the cuffs after that.
Of course there was a videotape, BUT the cop did not point it in the proper direction and the two tests were not filmed........ however all the audio is clear. I saw the video.I am annoyed about the video, but they have been arresting people for DUI before they even had cameras in the car so hopefully it won't make much difference since the audio is clear as day.
Anyway was wondering with this new information what do you think will happen?
Also, the laywer has brought a DWI expert into the picture. I asked my ex " oh what is he going to argue that the machine didn't work?" and he said "oh no that the machine DID work! and that I blew a 06." And that is not intoxicated.I am not sure about that as a plan. But the lawyer wrote a letter to this guy telling him the circumstances asking him his thoughts because : my ex says he was on a hill when doing the tests. ( Not really I know the intersection and I hardly call it a hill) also that it was not a well lit area, and that the flashing cop car lights were disturbing and affected his eyeball test. Is that a good defense?
The guy is an alcoholic. Big time. He has been very cocky and is confident that he will get off. Although he has shelled out alot of money so far.....
He needs to lose his license. It won't change the fact that he is an alcoholic but it's a start.
Thanks for any advice.
Oh and the reason why I am concerned about this is because we have children together and of course they have driven with him (not since this). I need to wathc out for my kids.
Also I care about him killing himself and others, too.