DUI Question and Answer
Q: I was convicted of a DUI but the police never saw me in my truck. They found me 3 blocks away,walking toward the nearest phone to call 911. I asked some one at a party to drive because it appeared that they were sober. Once he wrecked my truck he must have bailed and I was left with the wreckage until I came to and crawled out of the truck on the driver’s side. I was drunk from the drinks and dazed from the accident. I don’t remember the police doing anything. the only thing I remember is being booked into jail.
A: Do you mean convicted or arrested? There is a very big difference. If you were convicted then you really don’t have any options other than possibly appeal. Now if you’ve only been arrested then you should definitely fight this. You have a valid defense and it may be difficult for the state to PROVE you were driving. You need to hire an attorney that handles a lot of DUIs because they can argue this complex area of law to the judge. Good luck.
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3 Comments
There are, unfortunately, a lot of things that police officers assume when they get to the scene of an accident. But then, they’ve been handing out DUI citations to people on bikes and motorized chairs, so what do they care?
recently was pulled over by a tribal policeman who was off tribal land, he had both lanes of a two lane highway blocked with his lights on and I thought he motioned for me to go behind him, and as i proceeded he yelled for me to stop, and he got out of his vehichle asking if myself and my pasengers work drunk or on drugs, long story short I recieved a dui because i was a minor though my bac was .07. he called in for someone else to make the arrest. was this road block legal. I’ve never heard of a one man road block.
@Jack Keep in mind I am not a practicing DUI lawyer, but I highly encourage you plead not guilty based on what you’ve said here. If this policeman really wasn’t in his jurisdiction then he had no right to stop you or anyone for that matter. Also, if the roadblock was unannounced that is also a problem. In MOST states it is required that police announce the DUI checkpoints prior to conducting them, therefore making it unlawful to pull you over without probable cause. Thank you for your question.
AGAIN, I am not a practicing DUI lawyer and this should not be taken as legal advice just as my opinion. Schedule a free consultation with a DUI attorney in your state.
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