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LawHelpNow, Attorney/Lawyer
Category: Criminal Law
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i have a dwi but i need help because i was also charged a

Customer Question

i have a dwi but i need help because i was also charged a refusal
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Ely replied 3 years ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. What exactly can I answer for you?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

i was pulled over 7-17 the officer was following to close in my opinion all of his lights were reflecting off all three of my mirrors and i couldnt see so i pulled off to this little dead end road when i pulled off he pulled off i just new he was going to get me and he did. the first officer had me get out teh vehicle show him my id which was at home and my registration all i had was my sticker page and no proof of insurance. he asked me if i had been drinkning i said no he insisted i was but it was 12 in the morning all i had on was my night dress adn no shoes i breathed for him and everything i was in a explorer he was in a charger he said he saw me put a beer bottle in teh back seat no he should have saw me put on my seat belt to be honest he wanted me to stand on one leg but i had a stroke on my right side oy body and i couldnt do it and i told the officer he had me blow i blew three times right there he said i wasnt blowing but i was i have asthma and a heart blockage bad cholesterol and signs of congestive heart failure oi was diagnosed in 2011. he said he was goign to wait to another officer arrived to see if i could go home. we waited in the cop car becasue of the mosquitos and i had just taken a shower before i left out teh house. they came another officer and a state trooper i fredid my tests again . the big issue i have is that i cant do flashing lights because of my seizure condition i have had since -07 and i cant have any bright light in my eyes teh flashlight it will envoke my seizures that is why i try to avoid driving myself at night but i was going to meet up with a friend for quality time. they take me to teh station i sit there he rights me a ticket and automatic pink paper saying i refused to breathe i wrote on teh paper that i didnt understand my rights and the differences in teh test. i screwed my self by lying and saying i had a drink and a pain pill which i am allergic to in a very severe way at 6 that evening i have medical documengtation of everything wrong with me. they claim they will show the tape in court i hope so. when it took to long for my ride to come get me then they wanted to take me to jail!

Expert:  Ely replied 3 years ago.

Thank you for your clarification. JustAnswer works on a Q & A format. You ask a question and I answer it. I understand what has happened, but I am not sure exactly what you are asking here.

For example:

1) What am I looking at if found guilty?
2) Should I get an attorney?
3) What is a good defense to DWI?
4) Something else...
Customer: replied 3 years ago.

#3 a good dwi defense

#4 i have heard of a first time offense where a lady got here license back in 6 days

what can i do? overall and what am i looking at?


Expert:  Ely replied 3 years ago.

Apologies, but I am not sure I can provide any useful information. I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck...
Customer: replied 3 years ago.

its ok but thank you

Expert:  LawHelpNow replied 3 years ago.


My name isXXXXX a licensed attorney and am very happy to try and answer your questions today. I am truly sorry for your predicament.

QUESTION: "#3 a good dwi defense"

ANSWER: There are numerous defense. For example, here is a list of 40 of them: Arkansas DUI. In your specific case, however, the strongest one would be to challenge the field sobriety test results in light of your health challenges.

QUESTION: "#4 i have heard of a first time offense where a lady got here license back in 6 days what can i do? overall and what am i looking at?"

ANSWER: You must have a lawyer if you want to fight the charge and seek your license. Here is some good news. If you cannot afford an attorney, the Court will appoint one for you at no charge.

ADDITIONAL ANSWER: Also, regarding the treatment you received, there is a specific cause of action pursuant to 42 U.S.C. § 1983. This would be a civil case, usually handled by a different lawyer than your criminal defense attorney. Here is more good news. Screening for such a case is provided free of charge to you. Here is a list of where you can get help if interested: Civil Attorneys.

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me. I will be sure to check back for any further word from you when I am again working online in this forum.

I truly hope all works out for you and that the information I have provided proves useful. Thanks so much for using this service!

Take care,

Ben, J.D.