I was arrested for a DUI on 9-1 after refusing a breathalyzer. I was on vacation in a MN, however I live in WI (8 1/2 hrs from where I was arrested). I feel I have a good case for dismissal if I hire a lawyer. I passed my field sobriety tests and when I asked the officer that night why he pulled me over he stated, "Suspicious looking vehicle." I drive a 2012 green scion family/economy car. The complaint I received in the mail, saying the case was finally filed on 10-22, states, "The officer pulled up to the driver’s side in an attempt to speak with [me] and [I] drove off without acknowledging the officer forcing him to pull me over." This is a false statement. I truly do not believe the officer had any reason at all to pull me over. I spoke to a lawyer before being put into a holding cell who suggested I consent to a blood alcohol test at the hospital, at which I point I did. I was very polite to all of the officers that night and did exactly as I was told. I was held overnight and released the next morning with my things, my license intact and no paperwork. Leaving that morning, I was under the impression that I had not been charged with anything. I have a court date set for two weeks from now at which they say if I do not appear at, I will have more charges pressed against me. I cannot monetarily afford to make that trip right now, nor I can afford to up and leave in the middle of my fall semester. I have a clean record, driving and otherwise, and I'm a full-time student studying education. I am worried what having this on my record will do to my future teaching career. I do plan on hiring a lawyer, I just need to know what my next step is.
Yes, an attorney in California may be able to represent you without you being there under Penal Code Section 977. As long as it is a misdemeanor case, you should be OK. It sounds like you have some issues with the stop and I would strongly encourage you to speak with an attorney about your case.
Yes, you have to appear. No, it probably cannot be dealt with without your presence. Your next step... you answered it for yourself when you said that you planned to hire a lawyer. Well, the time to do so is now.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.