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How can I get my DUI dismissed?
Anonymous4 views5 answers
I have never had a moving violation in my entire life. I'm thirty five years old and I was charged with DUI and I wasn't even in the car and had my keys in my pocket. The officer stated that he seen me driving the car across town earlier. I did the field sobriety tests and he said I was under arrest for DUI . When we arrived at the detention center I was so angry that I refused the test. When I first went to court they automatically suspended my liscense for 120 days. What should I do?
You need to contact a local attorney immediately. There is no easy solution to getting a case dismissed. If you have a public defender, discuss the aspects of the case with him/her immediately. If you haven't received your public defender and would simply like to hire private counsel, do so as soon as possible.
A local attorney will be able to discuss the strengths and weaknesses associated with the case. It sounds very suspect that the officer charged you with DUI for seeing you driving earlier in the day. Get in touch with local counsel and best of luck to you.
Adam Feldman
The Feldman Law Firm, PLLC
(602) 540-7887
[email protected]
www.topazattorney.com
You need to hire an aggressive and experienced DUI attorney immediately. They would be best situated to discuss all your options, and figure the best way to fight these charges.
Frank Mascagni IIICriminal Defense AttorneyLouisville, KYKY licensed ·
The first thing you do is hire a competent criminal defense attorney in your area. You have 2 considerations: the DUI and now the pretrial suspension of your drivers license based on your "refusal". Your license will remain suspended until your next court date. Your license can be reinstated earlier than 120 days IF the case is resolved before then. Talk to counsel about your options.
Hire an experienced DUI attorney who regularly practices in the County of arrest. The license suspension is for the refusal, not for the DUI; when you operate a vehicle in Kentucky you have presumably given consent to submit to breathalyzer test. Your license was administratively suspended for the refusal. You seem to have multiple defenses to the DUI, including: operation (or lack thereof), as well as possibility that you were not impaired.
You need to hire a good DUI attorney and fight this matter.
I would fight the charge on several grounds, most notably the stop and arrest. You did not mention how much time had passed between when the officer spotted you and when he stopped you, but the officer will have to prove you were operating the vehicle "while impaired" and had nothing to drink while out of the vehicle. Obvoiusly, the refusal does make the case much more difficult to fight, but it is possible as I have won refusal cases on a varitey of legal grounds. I note that you also have many additional defenses too numerous to discuss on this site.
