Hi, Kathleen, my name is XXXXX XXXXX X am a Licensed, Practicing Attorney and I will be glad to help in any way that I can,
First, take a deep breath, I will not tell you to "Relax" because I know the anxiety you feel. Please give me a moment to check something, but in the meantime, please be kind enough to give me the following information,
1. What did the police officer give you as a reason for pulling you over ?
2. How was your BAC determined ? Breathalyzer ? blood test ?
Thank you and I look forward to your reply,
She said that I didn't see her lights shining or something along those lines. I don't remember the exact reason. I think she said I was swerving but I can't recall, I was just so shocked it was happening to me and I was trying to keep it together. I was actually home and my friend asked me to come and pick him up and I should never have done that because I had a few drinks right before..
The BAC was determined by a breathalyzer test.
Hi, I'm sorry I don't wan to rush you but could you please respond back with something? I'm waiting for your expert reply. Thank you.
Thank you for your reply, Kathleen, and your additional information, I apologize for the delay, but my typing leaves a lot to be desired,
I will ask you once again to take a deep breath, but this time I am also going to ask you only to try to relax..
Here is what will happen - First, there will be an arraignment where you enter your plea of "Not Guilty". After the arraignment takes place, your Attorney will receive the evidence which the District Attorney has and this will include the following -
1. The reason you were stopped
2. How your BAC was determined
3. Any other information that the District Attorney has.
You should retain not only an Attorney who has substantial experience in DUI defense, but also one who has an excellent reputation with the District Attorney's Office because this will go along way for you. If the Attorney is well respected by the District Attorney, your Attorney might be able to negotiate a lesser charge, such as what is called a "wet reckless" which is reckless driving with alcohol involved, but no DUI. This is not only possible, but it is also very likely when the motorist has a clean record, has never been convicted of anything, has a clean record, and this is the first DUI
But, that is skipping ahead of ourselves. When your Attorney receives the "Discovery" package from the District Attorney's Office, he will first determine if the stop was legal. A police officer cannot stop a motorist unless they have probable cause. If your Attorney believes that there was no probable cause, he/she will file a "Motion to Suppress" which means that if there was no probable cause to stop you, then the stop was illegal and any evidence the police found as a result of that stop, including the breathalyzer test results must be thrown out and your entire case is dismissed and you are home free.
If it is determined that the stop was legal, then your Attorney will contest the legality of the arrest and contest the breathalyzer test results. Your Attorney will do this by attempting to show that the breathalyzer machine was not properly calibrated, or was not maintained properly, or the calibration mechanism was not properly submitted for maintenance according to the maintenance schedule required for that particular breathalyzer machine that was used to give you a breathalyzer test. You stated that the paperwork showed that your BAC was .08 or more. There is no such measurement. It has to be a definite number, they cannot say, "Well maybe it was .08%, or maybe it was a little higher, etc." No, they cannot do this. And, if your BAC was .08% that is borderline and an experienced Attorney will be able to knock off a few points, getting it down to maybe .06% in which case, you were not driving under the influence at the level required in order to be charged with a DUI and your case would have to be dismissed and the charges would have to be dropped and again you are home free.
There is also the possibility of Deferred Disposition which is offered to those with a clean record and the DUI is their first. The Court puts you on probation, requires you to attend "Safe Driving Classes" and the Dangers of driving under the influence. When you have completed the Court's requirements, you are taken off probation, and you are home free.
The fine is set by the Judge and it is in the area of $1,000 and the license suspension for a first DUI is between 30 days to 10 months. However, during this time, you can get a restricted license which you can use to get to and from work, your safe driving classes, any doctor's appointments, and other necessary appointments. So, you will not lose any time from work and you will be able to drive to and from work,
I hope I was able to alleviate your anxiety at least a little bit, You will be okay and everything will turn out fine, I promise you,
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,
If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,
Thank you for allowing me the opportunity to assist you,
I realize I have given you a lot of information, but I wanted to explain the process in as much detail as possible so you would be able to relax a little, so please let me know if you need clarification on anything and I will be glad to explain further,
Thank you so much for the Excellent Service rating, Kathleen,I appreciate it greatly, but what I appreciate even more is the trust you placed in me to help you find a solution to a very troublesome situation, If you have any further questions, please do not hesitate to let me know and if you have questions in the future, please feel free to ask for me by typing my name at the beginning of your question, like this,
"For Andrea only .........."
And I will be sure to get your question, In the meantime, please keep me informed of your efforts and let me know if you come up against any stumbling blocks and we can face them together,
Thank you for allowing me to be of service,
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