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How do i get out of this dui?
Anonymous4 views3 answers
i was pulled over for speeding and arrested for dui (smoking pot) in alcorn co. ms. i was charged with speeding, careless driving and dui. i was not charged with possession and there was no drug test of any kind.
I a Mississippi DUI Attorney and if you were stopped by troopers of the highway patrol ,then your case will be tried in the justice court of Alcorn County.Please note the return date of the DUI ticket.Do not miss the court date or you will be found guilty in your absence or the bondsman will take you to jail.Most good DUI attorneys do not charge for the first consultation,nad you should contact one as soon as possible to have your case evaluated. Speeding does give the officer the right to pull you over and may be part ,or separate from the carless driving charge.The officer must then develop a reason to take you in for DUI.Usually a blood or urine test is necessary to prove drug intoxication.
I am assuming you were chaged under the "d" section of the DUI Uniform Traffic Citation which address being under the influcne of a controlled substance. By charging you under this section there is no requiement by the prosecutor to show that you driving ability was impaired by the substance, they just must prove that it was in your system. This element will be difficult to prove since you were not offered a blood or urine test to determine if anything was in your system. The officer is going to have to rely on his subjective observations, i.e. smell, physical coordination, etc. The office can also rely on any admission that you may have provided. Nonetheless, this is a case that needs to be reviewed by an attorney to determine if there is a possiblity to "get out of this dui".