What's the chances of getting a dui dismissed?

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My husband is on probation in Nelson County and he got a DUI (1st aggarvated) in Marion County. What's the chances of getting the DUI threw out so his probation will not get revoked? Any suggestions on Attorneys for this area?

Attorney Answers

4
Julie KaelinCriminal Defense AttorneyLouisville, KY ·
There is no way someone can tell you the chances of his getting the Marion case dismissed in a forum like this -- it depends on so many factors like the circumstances of his being charged, the Judge, the prosecutor, what he is on probation for, and more. He definitely needs an experienced DUI attorney ASAP. I would suggest Elmer George. 270-692-2161. But I would also suggest he talk to several attorneys and find out who he feels is best for him.
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Charles Kenyon ·
Even if you get the DUI thrown out, probation revocation takes far less proof than does a conviction. Probation means you have already been convicted of a crime. A judge decided that you did not need to be imprisoned to protect society, but you are subject to being searched or locked up at any time if someone thinks that decision might have been wrong. You have one foot in the jail cell already! When talking to clients considering probation, I often compare it to being like moving back home with a step-parent who doesn’t like you. That step-parent gets to set your hours, tell you who your friends are, tell you where you can and cannot live, and talk to your boss at work. If he/she thinks you are breaking a rule, you can be put into jail until a decision is made. It is a significant change in your liberty. Refusing to give a statement to your PO can also be a grounds for revocation all by itself. Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial. You need to be talking with a DUI defense lawyer there, now, one who understands probation. If you can’t afford to hire one, you should get one appointed. In the meantime, you should not be discussing what happened with anyone, especially the police! If any answer on helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help know which answers to show others. Thank you. --- Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com --- Facebook Page http://www.facebook.com/CriminalDefenseMadTown --- Talking to the Police - Advice from Lawyers and Police http://addbalance.com/police.htm --- Miranda Rights (and Wrongs) http://addbalance.com/miranda_rights.htm DISCLAIMER: Confidential information should not be disclosed in this Internet forum. I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you. If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices. Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. This Answer is provided for general educational purposes only. Click on the “more” link below for more important information about the answer and .
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Jay Finnecy ·
You have not shared any "facts" regarding the DUI although your use of the term "aggravated" suggests to me that either an accident was involved or his BAC was perhaps relatively high. It's impossible to say anything more than that, but you should know that DUIs are not just willingly "thrown out" by prosecutors. Particularly when the suspect is on probation for other crimes. Please consider retaining an attorney in your area for further assistance and guidance.
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