Question:  I got arrested in Woodstock and I was charged with DUI.  I took all the tests the Woodstock police officer wanted me to take and I even took the breath test.  I was very cooperative.  I'm not saying I'm innocent.  I just wanted to know if the prosecutor was told that I was going through a really nasty divorce where everything is a fight including alimony and child support and child custody, do you think they would understand and reduce the charge?  And because of financial issues I may have to file bankruptcy.

I live in Woodstock and work in Alpharetta.  We have have been married for almost 25 years.  My breath test was over the limit and it's my first DUI charge and I have no other legal issues except for a felony many years ago.

Should I make a big deal of the divorce and will that hopefully influence the prosecutor?  I was only drinking because my wife is making it really hard for me and I have money issues!!!

Answer:  It always helps to “humanize” a situation.  While a Woodstock prosecutor, or solicitor, must apply the law, having some background as to why someone acted in a certain manner can help the situation.  It makes the actions more understandable.  That is not to say, of course, that a DUI will be excused or reduced simply because a defendant has a compelling story.  But imparting some reason for the actions to a prosecutor can help a defendant.  When combined with a valid factual or legal argument, that sad story can, we've seen, shift the balance and prove important.

Being enmeshed in a bitter divorce battle where alimony, child support, and child custody are being contested is certainly an emotionally-draining time.  And people can understand that sometimes grave financial issues lead to bankruptcy.

We do have some questions for you.  Such as what, actually, was the breath test reading? Did you perform field sobriety tests? And we'd certainly be interested in getting a full timeline of events leading up to and culminating in your DUI arrest. A Woodstock DUI lawyerWoodstock DUI lawyer would want to read the incident report and to view the video, assuming one exists.

If you need to speak with and experienced, results-driven Woodstock DUI lawyer, please contact us at 678-215-4106.  We are always here for you!