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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27126
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was involved in a motor vehicle accident in Florence

Customer Question

I was involved in a motor vehicle accident in Florence Alabama (Lauderdale County). When the police arrived they charged me with a DUI. The policeman claimed that my eyes were glassy and my balance was poor. I work in a medical office doing insurance billing. The accident report however said that my blood alcohol level was zero. They also took me to a hospital and apparently took a blood sample. The accident report states that the blood test results were "Not Applicable" (code 97). Can I be found guilty with these results? Also, I hired an attorney and payed her $1000 cash. She promised to afford me expert legal representation, however she has not responded to any of my phone calls or texts (approximately 7 attempts). I have since learned that this attorney is known for failing to follow through and/or give effective assistance of counsel. On AVVO I learned that she had been sanctioned by the Alabama State Bar Association. If she fails to appear at my hearing, what would be my potential fate and/or options? My hearing is this morning at 8:00am.. Thank you in advance for your assistance in this urgent matter. I look forward to hearing from you soon.

Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


My name is ***** ***** I am an experienced criminal lawyer.

If the blood test results do not show the presence of alcohol or an intoxicating drug, then the only way you could be convicted with DUI was on the officer's testimony that your eyes were glassy and your coordination poor, both of which could have been caused by the accident you were in.

This looks like a strong case for the defense based on the facts that you've given, and one that could possibly be dismissed on your court date. If your lawyer fails to show up, you can ask for a continuance based on the fact that you hired counsel but she hasn't appeared. You can also retain new counsel if you're not satisfied with her services.