How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zoey_ JD Your Own Question

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16045
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

I was arrested and held for a little over 13 hours on a DUI

Resolved Question:

I was arrested and held for a little over 13 hours on a DUI / Careless Driving charge in Mccracken County, KY. Upon taking the intoxilizer breath test which came back as a .03 which is well below the limit. I am not sure why I was detained for the additional time when it appears that all indications that I was not intoxicated. What should I expect when I go to court on the 15th of January, 2013?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello Jacustomer,

The reason you were held is that you were arrested on two separate charges. One was the DUI, but the other is careless driving. Careless driving can result from any type of driving infraction and need not be alcohol-related at all.

If you are over 21, you are certainly way below the intox limit. However if you were in a commercial vehicle, the .04 is enough to get you charged with DUI in Kansas and if you're a minor, anything above a .02 is a problem.

As a defendant, it is never a wise idea to deal directly with a prosecutor. First of all in many jurisdictions a prosecutor will not negotiate with an unrepresented defendant. But even if he will, anything you say to the prosecutor can be used against you, so that if the prosecutor won't give you what you want, you have then made an admission of guilt to him, which will tie your lawyer's hands aftewards. What a lawyer says about you when negotiating with a prosecutor can almost never be used against you..

So for the best possible chance of getting the DUI dismissed and the careless driving disposed of in some way that will minimize points and fines, assuming it's not possible to get that dismissed along with the DUI, you should have a lawyer and bring him to your first court date. Otherwise, if you can't afford one, you should plead NOT GUILTY to the charges to keep all of your rights open and then ask the judge for a public defender.



Customer: replied 1 year ago.

I am 38 years of age and have no prior issues with the law. I thought maybe I could talk to the county attorney due to the fact that I live 3 hours from the town that this all occurred in.

Expert:  Zoey_ JD replied 1 year ago.
Hi Thomas,

There is nothing wrong per se with a defendant calling the prosecutor. It's done all the time, and in this case, the DUI should be an outright dismissal. If it backfires on you, however, you'll be very sorry you didn't get a lawyer.

Criminal cases can have lifetime consequences. And like I say, if you make admissions to the prosecutor and he still won't lower or dismiss the charges, then everything you've said will be a handicap you can't get out from under.

Your call, of course. But from my perspective, when there are criminal charges involved, it frequently pays to look not at what is short term convenient but at the long road ahead.

Good luck, whichever way you decide to deal with this.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16045
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 2 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.