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I was arrested witha DUI in New Hope P.A I hold a New York

I was arrested witha DUI...
I was arrested witha DUI in New Hope P.A I hold a New York State lics. I was leaving a wedding. I'm 44 year old male. Never been convicted or arrested for anything before. This is the story... I left a wedding with my girlfriend. We decided I was to drunk to drive so I pulled off the road onto the grass to sit it out for a while. Withen 5 min. The cop pulled up behind me and asked for my license. I had left it at the B&B I was staying at. He asked if I had been drinking I said yes, Then came the breath test. He then asked me to step out of the car and put the cuffs on. My girlfriend was given the test and failed and driven back to the B&B. I was brought to a hospital and was asked to take a bllod test. I refused( thought it was the right thing to do ) then he took me to the police station Took photo and fingure prints. We kinda had some words with each other at this point. But took me back to B&B after this. 3 weeks later I recieved a leter to appear in court. I now have a November 21 court date. Can I get out of this charge ? Whats ur best advice to handle this. I do not remember what I blew I believe it was almost double the leagel lmt. But dont remember. I do believe the car was running
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Answered in 2 hours by:
11/1/2010
Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12,620
Experience: Attorney
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Hello there:

It sounds like the evidence against you is pretty overwhelming; you were behind the wheel in a running vehicle with a high blood alcohol level--if you weren't driving, how did you get there? Guilt in other cases like that are usually beyond a reasonable doubt.

Still, my recommendation is, at the first court appearance, to plead "not guilty". This will give you a chance to see the evidence against you and hear the District Attorney's plea offer. You will also be offered a public defender if you qualify.

The first DUI stings, as it should--but your record is otherwise clean, so there is a close to 0% chance of any jail time. No matter what the outcome, just learn your lesson and this shouldn't be a major setback in your life.
Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12,620
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Customer reply replied 7 years ago

Should I have a lawyer represent me. Or is this a cut and dry case ? a lawyer with fees im looking at 5000 $ if i go to trial im looking at 7500-10,000. Its also out of state DUI. I live in New York. I realise I did drive but, what about the fact that I do have a clean record and I did pull over. The breath test is not permisable in PA. For the record Im my own worst enemy. I LEARND A LESSON !

 

That's a personal decision, but you definitely will not know if it is "cut and dry" until you have had a chance to see the prosecution's evidence against you and had that evidence examined by legal counsel.

Nothing would prevent you from negotiating a fee and representation by an attorney; if you'd like, you can contract to have an attorney represent you at the first hearing only; that shouldn't run you more than a few hundred dollars.

The fact that there were no injuries or damage are factors of consideration for the court, as is the fact that your record is otherwise clean--this is why you are an extremely low risk candidate for jail.
Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12,620
Experience: Attorney
Verified
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Brandon M.
Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12,620
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