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1st offense DUI not charged as of yet. Loved one was not read rights and did not refuse breathalyzer can he fight this in court?
Anonymous7 views5 answers
Love one said no urine or blood screening was giving once sent to jail for 48hours and he did take the breathalyzer.. Is there a possibility to beat this.. Loved wasn't drunk and didn't blow past the amount that considers you under influence. He put on the ticket under the influence/other. What next other than getting
an Attorney which we are doing.
Sorry to hear about this. The best thing your loved one can do, besides hiring an experienced DUI attorney licensed in Mississippi and who appears regularly in the courthouse at issue is for your loved one to remain silent. He or she should not discuss the facts of the case with anyone except his or her attorney. Not being read his rights may not be dispositive, so I would caution you to invest too much of the defense on that issue. Good luck.
You are on the right track in getting an attorney. It appears that the police officer had a reason to pull over the vehicle and request sobriety testing. Intoxication does not have to be with alcohol. Your attorney will review the probable cause affidavit and charging information for the offense. After review of the evidence, your attorney will know how best to proceed - whether that is a motion to dismiss, motion to suppress, obtaining additional evidence, etc.
Yes, this type of charge can be "fought" in court, and probably should be. Please understand, though, that much investigation into the case will be needed in addition to the facts that you provided with this question. DUI cases are never easy. They are never easy no matter how much the person accused of the DUI thinks it should be a "cut and dried case." (Yes, I hear that from time to time.). The right lawyer who regularly defends DUI cases and who studies the law, procedures, trends, and topics of DUI will give this person his/her best chances for good results.
Note: as at least one of the other lawyers stated in his answer, please don't put too much stock in the "not being read rights" issue. The Miranda rights are not required to be read in every DUI case, and myself having handled hundreds of DUI cases all over the state of Mississippi, I can count on one hand the number of times that it actually did matter!
