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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34346
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was recently ticketed with a DUI refusal to take a DUI

Customer Question

I was recently ticketed with a DUI refusal to take a DUI test although I blew in the breathalyzer and got a zero reading three times. Both officers wrote information in the police report that never happened during questioning. I was not provided with a copy of the report, just the violation notice. I was given an automatic suspension of my driving priviledges on post. I am awaiting my court date 1/14/2016. What are my courses of action to get this at least downgraded to a lesser charge.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

Sorry....what do you mean "downgraded"...are you talking about the DUI charge? Or the charges the military is likely to bring?

Customer: replied 1 year ago.
I am talking about a lesser charge.
Expert:  P. Simmons replied 1 year ago.


Do you have a lawyer for the case yet?

Customer: replied 1 year ago.
I do not sir.
Expert:  P. Simmons replied 1 year ago.


That is the way to proceed. If you retain an attorney, they can negotiate, on your behalf, to reduce the charges.

The VAST majority of all DUI charges plea. They do so because the prosecutor offers a plea agreement. This is how the system works...if all the cases refused plea deals, the courts would clog up. So the prosecutor will offer you a plea deal. With no prior DUI's I would expect then to offer a plea where you plea to reckless driving.

You could try and negotiate on your own. But frankly speaking, it is worth the money to have a local attorney negotiate this on your behalf, to avoid the DUI altogether. Plus, if you avoid the DUI, there is a better chance your commander will not take you to Art 15 (NJP).

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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