I was at home with a friend and just cracked a beer i got a call from an ex girlfriend with news that pissed me off. i had about 3 sips a half a beer at most, left my house angry and peeled out of the parking lot. the managers complained and called the cops. i came back not even five minutes later because i knew i shouldnt have been driving because i consumed alcohol. i came back had 3 double shots and another beer. cop came about an hour or so later talked to me said he didnt feel comfortable giving me a dui then some trooper shows up and says he should. so i was given a ticket for dui and arrested.
I have a witness saying that i didnt have more than half a beer before i left. the problem is he is in the service and i dont think he is going to be in town when i go to court. Any advice?
Hello there,
You need to consult with an attorney in your area as soon as possible.
You also should know that you have the right on confrontation. That mean you can confront and cross examine witnesses. If this officer is not available the state cannot obtain a continuance or a stay in your case until the officer returns.
If the state cannot produce their witness your case would most likely be dismissed.
Consult with an attorney in your area and adhere to their advice.
Sincerely,
Erick Platten
Your first court date is going to be your "arraignment," which is a procedural date where you are formally told of the charges against you, and given the opportunity to plead guilty or not guilty.
You need to plead not guilty and hire an attorney that can beat this kind of bogus charge for you. Call my office - although every case is different, I have handled many cases that were similar to yours, and we know how to beat the DA on this type of case.
-Troy Pickard
(503) 592-0606
Orion Jacob NesslyFamily Law AttorneyLake Oswego, OR ·
This is a criminal charge and the burden is on the DA to prove you were under the influence WHILE you were driving. It sounds like you have a very good defense based on the facts you gave (namely that you were home when the cops arrived and had been drinking significantly more while there).
I agree with the other posters in that you should consult with an attorney that handles DUII defense. Based on what you've told us, you probably have a pretty good shot.
My first questions to you would be, "what did you tell the cops?" and "did you voluntarily do Field Sobriety Tests?" Your friends testimony would likely carry little or no weight in court so don't stress.
What is in the police report? If you don't have a lawyer, request the report. If you don't have a lawyer, get a lawyer.
These types of busts stink.
Best of luck.
