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I was pulled over for speeding with no radar was arrested took

to jail was not given...
I was pulled over for speeding with no radar was arrested took to jail was not given a fst at the seen and no bac test at the jail was told I had to give blood for alcohol content with no warrant which I requested... they read me my rights an hour an half after this was all done now I am being charged with agg dui where do I stand here?
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Answered in 6 minutes by:
10/2/2012
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28,694
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I certainly understand your concern. Your attorney is going to likely need to depose the officer and question him/her about their ability to properly measure your speed and how they did it, if there was no radar used. Was it done by a visual estimation or did they pace you? The reason being is that it needs to be determined if there was probable cause to stop the vehicle. If there was not, there could be a basis to file a motion to suppress. Thereafter, the procedures of the office at the jail would need to be investigated, to make sure they were compliant as well and that the evidence gathered, which is going to be used against you, was properly done. Your rights need to be read to you once you are in custody, not free to leave and being questioned about the specific facts about the arrest and what you are being held on. if they were not read to you and you made admissions, it is possible that the statements could be suppressed, as well. Once your attorney looks over all the facts and evidence which the State is going to use, they can better advise you if you have any defenses and/or if the case should go to trial or if it is in your best interest, to take a plea deal.



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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28,694
Experience: 10+ years defending Misdemeanor and Felony cases.
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Customer reply replied 5 years ago

my attorney has seen the time line on everything the police did and she has asked for the blood draw to be surpressed...and all statements due to my rights not read to me at time of arrest. She has a heavy case load I understand... they load them up with so many and push it thru and the attorneys dont have the time to do what a 7000.00 lawyer would do... I go to court in two days what should I do?

I do understand. If she filed the necessary motions, then the matters need to be set for hearing before the Judge, so a ruling can be made. That will determine if you go to trial, take a plea or if the state is going to drop the case or be willing to amend it. When you appear in court, you need to just ask your attorney for the status of the case, when the motions will be argued and what they want you to do in the mean time. You can also see if they received a plea offer to consider.
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CrimDefense
CrimDefense, CriminalDefenseAtty
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