If I was charged with a first time DWI, is it to my advantage to accept a reduced charge of obstuction of a highway, since I have a strong case that there was not probable cause to pull me over?

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If I was charged with a first time DWI, is it to my advantage to accept a reduced charge of obstuction of a highway, since I have a strong case that there was not probable cause to pull me over?

I was told I failed the field sobriety test and breathalyzer. I have a medical condition that I believe to be responsible for both. I am now at the pre-trial hearing phase.

Asked on October 29, 2012 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with a criminal defense attorney to advise you how you should play out the hand that you are dealt concerning the DUI charge against you. If you can plead out to a lesser offense based upon facts against you where you failed the objective and subjective sobriety tests mentioned, then agreeing to your fate is much better than letting a judge or jury do so in trial.


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