QUESTION

Can a cop decide to give me a DUI after he pulls me away and lets me go?

Asked on Feb 09th, 2013 on DUI/DWI - Michigan
More details to this question:
He pulled me over and gave me a ticket, let me go, then showed up at my house an hour later. I didn't open the door and made it look like I wasn't home. Can I get a DUI?
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10 ANSWERS

John J. Carney
If he did give you a DWI when he had you pulled over it is not likely that you will be charged. You were smart to not open the door.
Answered on Feb 18th, 2013 at 7:24 PM

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Michael J. Breczinski
Well he could but it sounds like there is not much proof or he would not have let you go.
Answered on Feb 13th, 2013 at 2:54 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Anything is possible, but it would be quite odd for him to let you drive on and then cite you.
Answered on Feb 12th, 2013 at 8:03 AM

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Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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Under the facts you provide, "no." Assuming you were stopped for a violation of the vehicle code and then released, the officer would need new facts or evidence to re-contact you some time later. If you were cited for DUI, you should contact a DUI attorney and discuss your facts, they should be able to shed some light on the defenses that may be available to you.
Answered on Feb 12th, 2013 at 8:03 AM

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Criminal Defense Attorney serving Moses Lake, WA
Partner at Patrick O. Earl
3 Awards
What you need is an experienced criminal defense attorney.
Answered on Feb 12th, 2013 at 8:02 AM

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If there was no further contact between you and the cop that day, then unlikely.
Answered on Feb 12th, 2013 at 8:01 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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They can file charges anytime within the statute of limitations, which is six years from the date of the offense.
Answered on Feb 11th, 2013 at 10:31 PM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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Yes, you can be mailed a DUI ticket in the mail, along with a court date. If you never took a chemical test proving you were over the legal limit, your case is a little bit better. If you are charged with a DUI, hire a lawyer immediately to help you.
Answered on Feb 11th, 2013 at 10:29 PM

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Criminal Law Attorney serving Boulder, CO
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Cop must have evidence that you were driving while under the influence - so, if he has that evidence, then yes, if not, maybe cops can charge just about anything, but that does not mean you will be convicted or even face the charge for very long In response to your DUI Questions: I am a criminal defense attorney that focuses on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Feb 11th, 2013 at 10:29 PM

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Automobile Attorney serving East Lansing, MI at Nichols Law Firm PLLC
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I don't see why not but that's not usual.
Answered on Feb 11th, 2013 at 9:46 PM

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