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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have two dui in the last 6 years and I got another one but

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I have two dui in the last 6 years and I got another one but this time I didn't blow the officer never did a field test and he never drew blood or took a piss test. My car is not on camera either but the da wants me to plea guilt and if I do I get 30 days in jail and probationary and a fine but I don't want to I want to plead not guilt and go to trail but if I lose I could go to jail for a year . I also have witness that saw me that not before the stop that can tesify on my have to tell them that I didn't drink the reason I didn't blow was I am getting my lincese back in a week and I was scared too. So do I have a good case to go to trail since there is no evidence?
Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.

If there is no breathalyser test, no blood test, no urine test, and no other independent evidence, then your case would boil down to what the officer testifies to. IF the officer testifies that you had red eyes, slurred speech, unsteady on your feet, that he smelled alcohol, etc., then the officer can testify that in his OPINION and based on his TRAINING that you were under the influence.

Thus, there's still a very good chance that you could be found guilty based on the testimony of the officer alone - - without any other evidence.

Also, your friend can testify on your behalf, BUT his/her testimony isn't going to carry as much weight because he/she has not had any training like the officer has to assess whether someone is under the influence or not.
Roger and 4 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
I went to federal court Tuesday and the da drop the charges because I said not guilt now he has to go in front of a grand jury which the grand jury has to find evidence just to take me to court I have never hear of that and he told me that it can take a while because he has a case in front of me. But if the grand jury do find enough evidence then it will. It go to court so have you ever heard of that happening before
This is strange because you generally must have a probable cause hearing to see if there's enough evidence to bind your case/send your case to the grand jury.

If your case was dismissed, I don't see how something like this would be possible.

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