u/6outa10

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Plea deal question

A few months ago I was pulled over after leaving a work event for riding the fog line which led to an officer saying he smelt alcohol. I never admitted to any drinking but was asked to perform a FST which i kindly denied. I was then asked to step out of the vehicle and placed under arrest under suspicion of dwi which I did not contest (i just kept my mouth shut). In the station i was asked for additional tests which i also denied.

I was never read my Miranda rights during the process and the automatic license suspension form was not gone over with me, I was just told to sign “here” stating I refused tests. ALS form carries automatic 180 days suspension.

I hired a lawyer within the next couple days and told him about the situation. Fast forward to arraignment and I plead not guilty. A month later was my pre trial date which led to my lawyer getting me a reduced plea deal - reckless driving, which adds 60 days suspension continuous with the 180 day ALS.

I was most likely capable of doing the FST and breathalyzer but have always been told to refuse tests. The officer had no dash cam or body cam. The police station had a camera in the room which I was hoping we could access to help our case but was told it “wasn’t working at the time”. This is my 1st offense and have had a clean record for 10+ years.

My lawyer said the plea deal is not bad, he pushed for negligent driving (30 days) instead of reckless but prosecutor didn’t budge. My trial is in <30 days and I’m unsure to take the plea deal or try to fight it. Without any evidence it’s the officers word vs mine which makes me apprehensive to fight it, but he had multiple mistakes/lies on his police report. My lawyer will not give me a clear decision and said it’s my call. I’ve lost so much sleep over this, including a 7yr relationship.

Any advice with similar experiences or knowledge is greatly appreciated thank you

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u/6outa10 — 17 hours ago