QUESTION

Should I plead guilty even though I had a 0% BAC? How?

Asked on May 12th, 2015 on Criminal Law - Michigan
More details to this question:
Last May I was exiting onto the freeway when I reached for a bottle under my feet, lost control, hit the side rail, scraped my car, flattened my tires, shook me up. I asked someone that stopped to call 911 for me. Big mistake, as it turned out I was not hurt but very shaken up. The office assumed I must be on something so after all the tests were over I was taken to the hospital for blood test. My alcohol content was 0.00. But my blood showed all the medication I was on. I am medially disabled from a mental disorder, the medications I am on, I have been on for years. I know how they affect me. They gave me back my life, I am in college trying to better myself. This DUI could greatly affect my future in college. My court appointed attorney said I should plead guilty. Why? This was my first offense.
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5 ANSWERS

Cough up some money and hire a "real" lawyer. Drug DUIs are very hard to prove, and only an idiot would plead guilty without a fight.
Answered on May 13th, 2015 at 12:32 AM

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Criminal Law Attorney serving Boulder, CO
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if the meds affect your ability to drive, then you are likely DUI, if not, not The PD should try to get the state?s toxicologist to give an opinion as to whether these medications in the quantities shown impair driving. Often, this can be accomplished by calling the states tox and asking a few questions. I do it when necessary. Sometimes the state tox goes our way. Sometimes they fudge and say impaired even when not. But, if they go our way, the DA will almost always dismiss. What is the harm? Be nice to your PD. S/he is overworked and may not know much yet. Trust me, s/he wants to win but might not know how.
Answered on May 13th, 2015 at 12:08 AM

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Automobile Attorney serving East Lansing, MI at Nichols Law Firm PLLC
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No. Certainly not without a qualified Dui lawyer to review your case Sent from my iPad On May 12, 2015, at 5:14 PM, Question From LawQA > wrote: ANSWER A QUESTION THAT WILL BE DISPLAYED ON MICHIGAN CRIMINAL DEFENSE, DUI WEBSITES ON THE LAWQA NETWORK. LAW AREA: CRIMINAL DEFENSE, DUI STATE: MICHIGAN ID:195326 Question: Should I plead guilty even though I had a 0% BAC? How? Question Detail: Last May I was exiting onto the freeway when I reached for a bottle under my feet, lost control, hit the side rail, scraped my car, flattened my tires, shook me up. I asked someone that stopped to call 911 for me. Big mistake, as it turned out I was not hurt but very shaken up. The office assumed I must be on something so after all the tests were over I was taken to the hospital for blood test. My alcohol content was 0.00. But my blood showed all the medication I was on. I am medially disabled from a mental disorder, the medications I am on, I have been on for years. I know how they affect me. They gave me back my life, I am in college trying to better myself. This DUI could greatly affect my future in college. My court appointed attorney said I should plead guilty. Why? This was my first offense.
Answered on May 13th, 2015 at 12:08 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Fuck No. Don't plead guilty to something you didn't do AND they can't prove. You need a lawyer. One who recognizes that DUI Drugs cases are fightable and winnable.
Answered on May 12th, 2015 at 5:02 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Your court-appointed defense attorney is entitled to his opinion. If you are not happy with it I would suggest that you engage retained counsel, or at least seek and receive a second opinion.
Answered on May 12th, 2015 at 5:00 PM

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