Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
In August, I went through a roadblock and was arrested for suspected DUI. I had only had one beer while I was at my hairdresser's that evening. I refused the sobriety & breathalyzer because I had a friend who had had a couple beers with dinner, blew a .04 and they still got her for DUI anyway (they called it DUI, Driving Less Than Safe).
I hired an attorney who gleefully took my case because there was no evidence and it was a roadblock. Easy-peasy, she said.
I have not heard from her since. I have tried calling, leaving messages & texting, to no avail. I'm not trying to bug her, but I just wanted to verify that she got the same notice I did from court.
I have to appear tomorrow and I still have not heard anything. I have even tried calling two other attorneys to get advice and nobody will call me back.
I'm not sure what to expect if she doesn't show up. Firstly, I am worried about my case, and secondly, about the money I have already paid her.
Good luck. Refusing a breath test I imagine your license will be revoked for a while, your insurance will increase and you'll pay a hefty fine. I would BEG the court to continue your case until you can reach your attorney.
Every state has "implied consent", meaning you consent to taking a sobriety test by breath or blood upon demand by law enforcement. Different states enforce it differently and have varying penalties for refusal. See this site for some additional information. Regardles of the outcome, you are going to be found guilty of refusal and more than likely presumed to be guilty of DUI as a result. If you truly only had on beer, refusing was about the worst thing you could have done.
As it says in the article, there are only two groups of people that think refusal is a good idea; drunk drivers and defense attorneys.
We don't know where the alleged offense happened, or what the laws are there, but at this point I think your problem is less an automotive question and more a question of how to get your retained counsel to work on your case.
Failure to communicate with clients is probably the # 1 cause of client complaints and attorney grievances. It is very late, but a call to the office that handles professional responsibility complaints in your state might help get some action. Failing that, show up at court prepared to explain to the court that you are not ready to proceed because your attorney has not communicated with you since August.
How can you get a DUI when you're under the legal limit? Isn't the .08 limit there for a reason?
Driving under the influence can be charged and will stand up if you have any quantity of any substance in your system that contributes to you doing something stupid or dangerous in a vehicle. Additionally, there are laws in almost every state regarding repeat offenders. If already guilty once or more, additional DUI can be charged (and will be) for any alcohol or drugs found in the system, regardless of BAC recorded.
Many of the repeat offenders think they are smart enough to only drink a little and not go over the limit. The problem is, they didn't pay attention when the instructor in their class explained that the minimum limit for DUI literally goes to absolute zero after you have your first DUI.
Yeah, I promise you I am kicking myself. She made out like since there was no evidence it can be dropped down to a lesser offense, especially since it was a roadblock and I wasn't pulled over for cause (weaving).
I have tried going to her office and there is never anyone there. The office number goes to a machine, and her mobile number never rings, it just goes straight to voicemail.
SHOCKING NEWS . . . there is an UNETHICAL Ambulance Chaser out there.
I agree with the others so far, ConvexTech . . . a huge mistake to refuse the test.
Too late to "fix" what has already transpired so my recommendation would be to appear as requested tomorrow and explain your entire scenario to the Judge, including the negative performance of your attorney and hope for the best.
Good Luck.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
