How do you fight a DUI?

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How do you fight a DUI?

A friend was on the side of the road changing a flat tire when a police officer stopped him. The car was off and the key was not in the ignition and he was on the phone with his roadside service (for the flat). The police officer asked him to step out of the car and immediately asked him to perform a field sobriety test of lifting his foot off the ground (no reason given as to why). His foot touched the ground and he was brought to the station. Once there, he blew a .09 and the legal limit is .08. Does he have a shot at pleading this? Should he speak to a DUI attorney? In Passaic County, NJ.

Asked on July 21, 2010 under Criminal Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, he should seek help from an attorney as soon as possible. In most states there is a presumption that a party is intoxicated if their BAC is over the legal limit.  And there is a presumption that the car did not drive itself to the locale where the arrest took place.  Even if it was off and key was not in the ignition.  An attorney is a good idea for another reason: in most jurisdictions his license will be suspended automatically and he will be having a hearing at DMV.  The outcome can have an effect on the criminal case.  Tell him to seek legal help asap. Good luck.  


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