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Start researching replacement lawyers or ask a friend for a recommendation. If you haven't heard anything despite repeated communication, that's a problem.
Frankly, what I would do is call about rescheduling your court date, then fire the attorney and get a new one who comes with recommendations. Given her lack of reasonable communication, I would not trust her with even the most basic defense.
As far as refusing the breathalyzer, don't listen to the people saying that is the worst thing to do. They have no idea what they are talking about. You are under no obligation to consent to a breathalyzer. The trade off is that you will be arrested and taken to jail.
My father got pulled over 10 years ago. He refused the breathalyzer as well, passed the field sobriety tests though. On camera for the court, it looked like he was sober, or at least under the legal limit. The judge eventually dismissed the case, because there was no proof he was driving while intoxicated. If he did take the breathalyzer and blew over the legal limit, that's game, set, and match for the prosecutor, and they are not going to go "easy" on you just because you complied with the officer's request and made their job of convicting you easier.
A friend of mine got pulled over two years ago. He was VERY inebriated. But, he still refused the breathalyzer, he knew he'd fail it, no sense in giving the court ammo against him. After a costly process, he has nothing on his record, case was dismissed, has no problems with insurance, etc.
Refusing the breathalyzer admits NOTHING. It is the same principle of having the right to remain silent when being arrested. You don't have to talk, and they can't make you. If you're ever arrested, if you're smart, you cooperate, but you do not answer any possibly incriminating questions. If you do, guess what, that's going to go in the cop's report, and the prosecutor and the judge will see them.
By refusing the breathalyzer, you have a good chance of the prosecutor seeing the lack of evidence and not wanting to bother with a trial, and they'll offer you a plea deal of some kind to a lesser charge that won't ********* over. You just need to get a competent attorney in your corner.
That's partially true. Depending on the state of your Driver's License, you would have agreed to all sobriety tests as part of obtaining the license. In other words, you would lose your license for 1 year for a refusal of a breathalyzer, blood test, or field test regardless of if you had anything to drink. It's a civil (not criminal) matter between you and the State DOT and nothing can be done about this. You could still very well beat all criminal matters with this lack of evidence, but you will lose your license (again, depends on the state, but most have this).
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.
Any suggestions?
first, check local laws regarding the refusal of a sobriety test, in many areas it can range from a minimum six months suspension , to one year suspension of your drivers license. so be aware of that right now.
second, if your attorney does not show up in court as required since you have paid a retainer, i assume you have the receipt for this, request a continuance from the judge, citing that your attorney is not present. chances are that this will be granted. if oyu can try to get a 30 day continuance to retain a new attorney.
third, right after court head straight to the local state bar office and file a complaint against your attorney for failure to show up in court as required. while there request a list of attorneys that specialize in DUI cases, and pick a new attorney form that list.
fourth, send your current attorney a registered, return receipt requested, letter indicating that you have files a complaint against her with the state bar, and that you are demanding your retainer returned to you forthwith. give her thirty days to comply with your demand that she return your retainer or further action will be taken.
if she refuses to return your retainer, then sue her for malpractice and theft, hire a good attorney to get the charges right, and do everything you can to get her disbarred.
You'd have to appear and if the lawyer is not there ask for a continuance as neither you nor the lawyer have had any time to review, or maybe "opportunity" to review the case.
I agree. Ask the judge for a continuance and give him/her the name of the lawyer you hired and who is not returning your calls, but took your money.
And if she does show up, I would still ask for a continuance for the same reasons.
Then, I'd contact the Bar Association and file a complaint against her, and file in small claims court to get your retainer back.
DUI laws for a first offense are normally written in stone as far as the consequences/punishment. So, lawyers are a waste of money anyway. That's the case in CA anyway. If you refuse a test, or your blood level is such and such, the fines are such and such and mandated alcoholism classes and community service, which no lawyer can get you out of. If that's the case where you live, just save your money as far as a lawyer goes. Roadblock or no, normally, if your BAC is over the legal limit, or you refuse a test, you're guilty.
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).
In my state the authorities have to publish where and when there is a routine roadblock.
All one has to do is read the local paper.
"Sobriety checkpoints can't be used as a backdoor method to find other types of criminal violations. They must be published in advance by at least one newspaper."
Obviously, this may vary for state to state. In my state one has got to be an idiot to get caught in one of these roadblocks. As information is published.
Lesson learned.
If the hired attorney did not return your phone calls then a red flag should have gone up and an immediate visit to attorney's office. If no one there. Then get another attorney.
The original poster never mentioned if money (fee) was given to hired attorney.
Alcohol is legal. But in today's world - just don't drive if having "drinks". If drinking and then have to drive - have only one. But a lot depends on the drivers BMI. Some shouldn't have one drink.
Like to know the conclusion of this case as a learning experience for others.
So they arrested you and charged with DUI yet they have no blood for breath alcohol evidence? Not sure what happened with your first attorney but hopefully you found another one that should be able to take care of this problem very easily for you.
The refusal of a field sobriety test is absolutely not any admission of guilt whatsoever. The officer may still think you have something to hide and still charge you but without any evidence, it would be hard for that the hold in court.
Those checkpoints are a very tricky situation. I hate them with a passion. I deal with those checkpoints by just telling the officers I don't answer questions without new attorney. Sometimes they hassle me a little bit but most the time they let me just go.
I hope it all works out for you, I didn't catch what state you're in but in Georgia it could you upwards of $10,000 all together
There may not be enough evidence for a DUI charge, however a one year suspension or revocation for refusing chemical test.
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