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  1. #1
    Join Date
    Oct 2009
    Posts
    4

    Default Will a Court Appointed Attorney Help Me Win My Case

    Here is my situation:

    I got a DUI charge last month and whole heatedly believe that I did not deserve one and am not guilty. I did not spend the time, money or effort looking for a reputable DUI lawyer in the area and went with the free court appointed attorney which Iím meeting today. Iím nervous because I really wanna win my case. I have court tomorrow. If I go in there and my attorney doesnít help me win my case, and I am found guilty, after this point am I allowed to appeal the judgeís decision and find a good dui lawyer and go to court again? I was under the impression that that was possible..

    Hereís a description of my case (and Iím be entirely truthful.. )

    This is in the state of Washington.

    I went out with my friend to a bar that was 60 miles away from home. Friends brother was in a band putting on a show. Got there at 9pm. Between 9pm and 12am when I bought my last drink Ė this is what I consumed, 1-16oz hefewisen, shared (so Ĺ) 24oz PBR, 1 Ė 24oz PBR, and shared (so 1/2) 16oz hefe. So I only consumed beer and I donít drink very fast. So I drank a total of 60oz of beer in a matter of 4 hours.. Not much of anything to eat but a few bar nuts. Not much dancing or moving around more sitting down.
    Iím very respectful of others and am aware of the consequences of drinking and driving, so I do my best to be and act responsible.
    We left the bar around 1am, hung out in my car for 1/2hr. I hadnít consumed alcohol for at least an hour. I was feeling focused and okay to drive. Drove to a McDonalds and stopped and go some food. Sat there and ate for a good half hour if not more.
    So after 230am weíre heading home, weíre 50 miles away. I have a bad habit of speeding. Im maybe 5 miles from my house on the freeway when I get pulled over at 3am. It was clear out and 24degrees. I wasnít exactly dressed for the weather and I told the officer that. I also told him I came from a show in Seattle. I did drank some beers few hours ago. I take adderall in the AM for ADD, and I go to school in at 8am, hadnít ate much throughout the day, and maybe had 4hours of sleep the night before. I was speeding to get home because I had to be to school in the morning. He gave me the field sobriety tests. I told him I was nervous and cold (Iím from Hawaii and havenít quite adapted to the cold weathers of Washington yet). Oh, and Iím 24yrs old, 5í4, and 115lbs(if its relevant)ÖHe gave me a PBT test which read .097 Ėand preceded to arrest be for dui(my reading was at 315am). Went down to the station took my info did my reading on their machine there and 418am an hour after my roadside reading I blew a .063 then my second reading at the station was a .060Ö Researching info on the internet, I really donít think I can go from a .097 to a .063 in 1 hours time.

    Next day went to court, my representation that day asked the judge to drop my case based on such low readings, but the prosecutor stated that the officer failed me in 6 out of 7 of the field sobriety tests. So the judge wanted to continue with my case.

    Iím just shocked about getting this charge and I really donít want it on my record and I want any advice I can get. Iím at a loss right now. Iíve avoided this for the last month and havenít told really any of my friends or family because Iím embarrassed. So any advice I can get would be great. I wanna know if I have a case that could win!?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,319

    Default Re: Will a Court Appointed Attorney Help Me Win My Case

    Without knowing the strength of the state's case to include the officer's observations of your inebriation, no one can say whether you have a chance to win or not. Most cases are won or lost on the initial stop. You really need to hire an attorney to evaluate it.

    As for the BAC issue, the PBT used in the field may be less accurate and more poorly maintained than the one used at the station.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Will a Court Appointed Attorney Help Me Win My Case

    If you lose your case,your chance of winning at an appeal is very low. A good private lawyer with DWI experience might be the best choice.

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