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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23181
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I pulled off the road too do my drug of choice I relapsed that

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I pulled off the road too do my drug of choice I relapsed that day on heroine the car was off and I threw the keys on the passenger side floor befor I did the drugs about three to five min's. go buy. And then a cop pulls up and gives me a DUI he lied in his report and said the car was running. The D.A. Wants 6 mountbs in the aci I went to the d.M.V in rode island where this happed and from what I under stand the D.M.V. Trump's the court. The court. Says DUI number 2 but the d.m.v. Says DUI number 4. Should I take the plea or try my luck at trail. It's cops word against me cop wins right


My name is XXXXX XXXXX I am an experienced criminal lawyer.

If you go to trial with this case, the state will have to prove beyond a reasonable doubt that you were driving under the influence of heroin. They can attempt to do so circumstantially, and even if the engine was not running, they may be able to do so successfully. After all, you were alone in the car in the driver's seat, and even though the car was not running when the officer saw you, you had to have driven it there in the first place.

A good lawyer possibly could create a doubt as to whether you used first and then pulled over or pulled over first to use. But given your 3 prior DUIs, if you took the stand to give your side of the story, that would open the door to questioning about some or all of your prior convictions, which could affect your credibility. So you may not be able to testify and help your case, depending on what the judge would rule on your priors.

I cannot tell you whether to fight this case or take a plea, Six months doesn't seem unreasonable on a 4th DUI, even if the two older of them can't enhance your sentence possibilities. On the other hand, your maximum risk would be a year in jail, double your present offer, which you would almost certainly get if you passed up the plea and were convicted after trial.

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