My jurisdiction is: New Orleans, LA
I am trying to help my boyfriend fight his second DWI case, without a lawyer. I will try to keep it to the point.
First DWI: He got charged with DWI at 17. His family hired a lawyer to help them get it straightened out. Hurricane Katrina hit. Boyfriend couldn't get in touch with the lawyer, went to the courthouse and admitted guilt, to get it over with. He was charged as an adult.
Second DWI: This past summer (he is 22), he got pulled over in the French Quarter after a glass of wine after work. Officer who wrote the report messed it up, stating that, while making a right turn, his left rear wheel hit the curb. Can this inconsistency help us? Boyfriend requested his field sobriety test to be taped, though it was not. Boyfriend refused breathalyzer at the station.
At this time, we have a public defender since we do not have money for a lawyer. At the last court date, the public defender was trying to get him to change his plea to guilty. He is not helping much with our case. A friend told me that we should request another public defender. She also suggested that we request a jury trial, where they will have to prove to a jury that he was drunk. We are hoping that somehow it will get thrown out, hopefully by inconsistencies in the report.
Is there a way to repress his previous DWI, get the charge reduced to a lesser charge? Will the fact that they didn't tape his sobriety test change anything? The fact that the report is inaccurate? The countless continuances of the trial? Can anything help us?
If he is convicted, I understand that his license will be suspended for 18 months. Does anyone know if this also would carry jail time and what kind of fines?
Thank you.
I am trying to help my boyfriend fight his second DWI case, without a lawyer. I will try to keep it to the point.
First DWI: He got charged with DWI at 17. His family hired a lawyer to help them get it straightened out. Hurricane Katrina hit. Boyfriend couldn't get in touch with the lawyer, went to the courthouse and admitted guilt, to get it over with. He was charged as an adult.
Second DWI: This past summer (he is 22), he got pulled over in the French Quarter after a glass of wine after work. Officer who wrote the report messed it up, stating that, while making a right turn, his left rear wheel hit the curb. Can this inconsistency help us? Boyfriend requested his field sobriety test to be taped, though it was not. Boyfriend refused breathalyzer at the station.
At this time, we have a public defender since we do not have money for a lawyer. At the last court date, the public defender was trying to get him to change his plea to guilty. He is not helping much with our case. A friend told me that we should request another public defender. She also suggested that we request a jury trial, where they will have to prove to a jury that he was drunk. We are hoping that somehow it will get thrown out, hopefully by inconsistencies in the report.
Is there a way to repress his previous DWI, get the charge reduced to a lesser charge? Will the fact that they didn't tape his sobriety test change anything? The fact that the report is inaccurate? The countless continuances of the trial? Can anything help us?
If he is convicted, I understand that his license will be suspended for 18 months. Does anyone know if this also would carry jail time and what kind of fines?
Thank you.
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