QUESTION
Do I still have a case once the ticket and the papers are gone?
Asked on Oct 27th, 2013 on DUI/DWI - Wisconsin
More details to this question:
The police lost all my paperwork in my DUI case. My lawyer asked me if I had a copy, but I already throw it away. Now there is no record of my arrest I guess. What will happen and do I need a lawyer, if there is no paperwork. Its been over 70 days of them looking for the paperwork.
6 ANSWERS
Michael J. Breczinski
Hopefully they never find the paperwork.? Cross your fingers.
Answered on Oct 31st, 2013 at 7:07 AM
Yes, you still need your lawyer. You should not discuss this case with anyone, online or off, except your existing lawyer.
Answered on Oct 29th, 2013 at 7:49 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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They can always file the paperwork again as long as they have the requisite information about the stop and the arrest. If they have dash cam videos or the officer's notes, that may be enough. If you are charged make sure you are represented by an experienced DUI attorney in your area.
Answered on Oct 29th, 2013 at 6:02 AM
The prosecutor will have a very hard time taking you to trial with no reports and I assume no video of the arrest and field sobriety tests or any witnesses. You are not obligated to give them evidence against yourself, so do not do so. You will need a lawyer if they proceed to court and if the charge is dismissed you may want to file a motion to expunge the arrest to get it off your record.
Answered on Oct 29th, 2013 at 6:02 AM
You need to hire a DUI specialist, and do it soon because the DMV operates separately and couldn't care less about the court case.
Answered on Oct 29th, 2013 at 1:34 AM
Bankruptcy Attorney serving Madison, WI
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It seems like you have a lawyer already. I wouldn't discharge him or her too soon. If the police find the papers they already had, or even the arresting officer's notes, they can have the prosecutor dismiss the present charge and bring a new one. You might not get away scot-free even if the cops have been bozos.
Answered on Oct 28th, 2013 at 5:07 PM