QUESTION
Is there a chance this ticket/charge can be thrown out during court?
Asked on Oct 30th, 2012 on DUI/DWI - South Carolina
More details to this question:
The car I was in ran out of gas so I pulled over in a turning lane, in front of a gas station. As I was about to buy a tank of gas a police officer blue lighted my car when I was in the building still. I walked to the officer and explained my situation, and ended up taking a few tests that I passed, but failed the breathalyzer. I don’t remember the reading but it was just over the legal limit. When I was arrested I also was not read my Miranda rights. I have no criminal record, and this would be my first offense. Is there a possibility the charge can AT LEAST be reduced according to my situation? I was never "pulled over ".
9 ANSWERS
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Yes and the chances increase dramatically with qualified counsel
Answered on Nov 02nd, 2012 at 1:47 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You may have a defense, should see an attorney and speak with no one else regarding the incident until then. It is probable that some plea-bargain might be offered, and generally whether or not you will be convicted will probably rest upon what you told the officer at the stop.
Answered on Oct 31st, 2012 at 4:34 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You don't have to be "pulled over" to be arrested. Sounds like a good stop and you are probably going to be charged with DUI. Can it be reduced?... hard to say. My advice, hire an attorney because the consequences are pretty high if you are convicted.
Answered on Oct 31st, 2012 at 4:33 PM
Civil Litigation Attorney serving Seattle, WA
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The Law Office of Edmund P. Allen Jr., PLLC
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I think there is a good chance that a lawyer could get his case reduced from a DUI.
Answered on Oct 31st, 2012 at 4:33 PM
John J. Carney
Unless you admitted driving the vehicle the prosecutor may not be able to prove that you "operated the vehicle" and the case may be dismissed. You may also be convicted of DWAI which is a violation, not a crime like DWI. Retain a criminal lawyer to handle the case.
Answered on Oct 31st, 2012 at 4:32 PM
Michael J. Breczinski
I would need to see the police reports to see why they decided to check out you vehicle in the first place before I could give you a definite answer.
Answered on Oct 31st, 2012 at 4:32 PM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Oct 31st, 2012 at 4:31 PM
Leonard A. Kaanta
It is possible to have it reduced to careless driving.
Answered on Oct 31st, 2012 at 4:28 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, it sounds as if you have the potential to successfully defend against a charge of DUI. You should consult with a local attorney as soon as possible regarding this matter.
Answered on Oct 31st, 2012 at 4:28 PM