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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88758
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am currently on probation for a DUI, that was dropped to

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I am currently on probation for a DUI, that was dropped to a PI and only had one month probation left before being pulled over in a white castle parking lot two days ago. I had my first DUI 10yrs ago this year, and a second 9yrs ago in which I served home incarceration, and the third 2yrs ago that was dropped to a PI that Im currently on probation for. Im am worried about being suspended for habitual traffic offender, because on my last DUI they wanted me to plead guilty and accept that as my punishment before they unexpectedly dropped it to a PI which saved my butt so to speak. What if anything, can I do not to be a habitual traffic offender? I currently attend AA now on a regular basis, and have been trying to quit drinking all together so that should help. Also I live only two blocks away from the white castle I was pulled over in and had did nothing wrong to be pulled over to begin with. Yes I had a few drinks before strolling up to the white castle which was wrong but is any of this information credible in court?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, this is a big problem since this is a violation of your terms of probation and you are going to have to now fight this DUI to prevent being charged as a habitual offender. In order to make the DUI stick, they had to have probable cause to stop you to begin with, which is what you will fight in this new case as you said they had no reason to pull you over to begin with. If you cannot fight the probable cause for the stop, then you would have to try to challenge the probable cause for testing you (the lack of appearing drunk or lack of smell of alcoholic beverage on your person and your successful completion of field sobriety test).

If you cannot defeat the case on probable cause, you have a chance that being in AA and quitting drinking altogether will help them decide to save your butt (as you put it above) again and agree to reduce the charge based on the circumstances involved here and you will absolutely need a good attorney this time to argue the probable cause and to try to work out some deal for you on this if you cannot win on the probable cause argument.



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Customer: replied 1 year ago.

Do you have any suggestions on a good lawyer in my area if I give you the county? Clark County, In I currently have a lawyer but Im afraid that he may not take it very serious and just get a plea agreement resulting in a 10yr suspension, because thats how it was on the DUI 2yrs ago and I just got lucky that the prosecutor dropped it down.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. I must profusely apologize, but the rules of this site forbid me from making any personal referrals and we can only suggest the same sites used by other attorneys, http://www.hg.org or http://www.superlawyers.com for you to find an attorney in your area. You need to interview the attorneys and be honest about your situation and ask about their experience in fighting these cases.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88758
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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