What to do if my husband got a DUI, however we just found out he is diabetic which may have caused an elevated BAC reading?

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What to do if my husband got a DUI, however we just found out he is diabetic which may have caused an elevated BAC reading?

We truly believe that his high sugar level readings could have been a factor in his BAC reading that night. His first admittance into the hospital revealed a bs level of 888! Although it was a few months later, do you think we have a chance in appealing the case being that we had no idea he was diabetic? He obviously didn’t develop the disease overnight and his AC1 which tests his average bs for the past four months was at a 12. .

Asked on May 16, 2014 under Criminal Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your husband has been convicted of the DUI that you have written about, I suggest that you consult with a criminal defense attorney in your locality about the possibility for moving for a new trial based upon new evidence assuming that the time to appeal has not run. Such an attorney can be found on attorneypages.com. There is a chance that the time to file a motion for a new trial may have elapsed.


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