My son was pulled over for not using his turn signal and the cop suspected something because of a smell. My son refused the breathalyzer and failed the sobriety test. He has ADHD and anxiety, so he said he couldn’t think straight and thought refusing was the best option since he didn’t know the laws. He was charged with a DUI in Oneonta, NY. He has a hearing on December 5th. What should he do at his hearing? Should he plead guilty or go to trial? Any advice would be appreciated.
It’s definitely a tough situation. But the good thing is, if the cop didn’t witness bad driving, that could help. DUI charges usually rely on that too.
Laine said:
It’s definitely a tough situation. But the good thing is, if the cop didn’t witness bad driving, that could help. DUI charges usually rely on that too.
Yeah, exactly! Without the driving being bad, it’s harder to prove impairment. He might have a shot at a good outcome if he plays it right.
Failing the sobriety test can be a problem, but the shoe thing might actually work in his favor. He slipped on the line—could definitely be part of his defense.
Dylan said:
Failing the sobriety test can be a problem, but the shoe thing might actually work in his favor. He slipped on the line—could definitely be part of his defense.
Right? He was wearing slides and slipped. I’m hoping the lawyer can use that as part of the argument. He really needs a strong defense here.
I’d say he should plead not guilty. The lawyer will have all the evidence, including any footage, before the trial. It’s a good move to not rush into a plea without seeing everything.
Kieran said:
I’d say he should plead not guilty. The lawyer will have all the evidence, including any footage, before the trial. It’s a good move to not rush into a plea without seeing everything.
That’s what I was thinking too. But is the lawyer going to get the footage before the trial or only during it?
@Dru
The lawyer gets the footage at least 30 days before trial, as part of discovery. So, he’ll have time to review everything.
Small towns can definitely complicate things. But if he wasn’t seen driving erratically, it might help. They usually see a judge right away if they think someone is drunk, so the long wait could actually be a sign that they’re not as confident about the case.
@Brice
That makes sense. I’ve been wondering why it’s taking so long to get the hearing. Maybe the small town makes things move slower.
The lawyer should definitely review all footage before the trial, as that’s part of the discovery process. It’s also important to know if there are any inconsistencies in the test that could help his case.
@Axelle
Thanks for the clarification! I’m glad the lawyer will get to see everything beforehand. Hopefully that helps with the defense.