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My husband was arrested after having a wreck (hit a power pole) for DUI any substance, can the charges be dropped?
Anonymous2 views2 answers
This is his first offence. He was only driving because I was sick and need medication from a store serevely. He was all I had. His medication never reacted this way with him before. It is his prescription. Also, if the case is dropped can they charge him with driving with no license even though he wasn't arrested for that and it wasn't on his ticket? What are we to expect with all of this. His only charge was DUI any substance. The officer told me that he was charged because the prescription says not to drive, but I talked to a doctor and they said you can drive, just to be careful. And he wasn't allowed to call me after the accident or after being arrested. Noone informed me of the accident until a friend of ours drove by the wreck and it was heard over a scanner. Our friend informed me.
You absolutely need to retain the services of a qualified criminal defense attorney and as soon as possible. There may be valuable evidence that will be lost or misplaced if an attorney is not retained to file a Motion for Preservation of Evidence upon the police agency and/or prosecutor. An attorney needs to start work on this case as soon as possible so that witnesses and physical evidence is located and filed for future possible litigation.
You should recognize that once the person is "charged" with a DUI offense, only the prosecutor (and not the arresting police officer) can move to nol pros or request the court to dismiss the case. Whether or not there is sufficient basis to proceed with a trial on the merits is strictly in the authority of the local prosecutor. Your request that the charges be"dropped" is highly unlikely. In all probability, your husband will be prosecuted to the fullest extent of the law.
If convicted of this offense, your husband faces mandatory suspension of driver license and a fine, plus mandatory treatment and probable probation. The consequences of a DUI conviction are severe and long-lasting.
Your best course of action is to seek the services of a qualified criminal defense attorney and especially an attorney who specializes in the defense of DUI cases. DUI is a very technical area of the law and requires substantial scientific and technical knowledge in addition to general legal skills. For a listing of qualified criminal defense lawyers in your area, check the listings for the National College for DUI Defense at: www.ncdd.com. You may wish to check the listings for DUI lawyers in the section under 'DUI.'
They will have a very hard time convicting him without a blood test. Hire an attorney before you do anything else. They will try to get you to plead guilty or go to some class even if you are not guilty.
