QUESTION
What is my best defense for this second DUI if I was never in possession of the keys?
Asked on Jan 07th, 2013 on DUI/DWI - Wisconsin
More details to this question:
My Father and I went out to have drinks after work with some friends. We had left my car in a business distirict. At the bar, our friends left early and so we got a ride back to our car from somone who we had met at the bar they did not live near us. So, we had them drop us off at the car to pick up a few things and call a cab. While charging my phone, I was approached by an officer, he then gave me a field test. I explained what we were doing there and had no intetion on driving the officer arrested me and took me to jail. I was not in possession of my keys. My father had them because he was not going to let me drive. In the police report the officer stated he watched us drive in and try to re park the car several times, which was not the case. What is my best defense and what are similar case results in fees jail time etc.?
8 ANSWERS
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Lack of operating but it's not as simple as that. Contact a qualified DUI attorney.
Answered on Jan 11th, 2013 at 5:25 AM
Michael J. Breczinski
Well your father and the person that drove you two to the car are the witnesses that you need to defeat this lying cop in trial. Get an attorney and fight.
Answered on Jan 11th, 2013 at 5:24 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You need to hire a lawyer in your area who can get the down & dirty on this cop. Also, check to see if there are cameras in the parking lot in which you were detained.
Answered on Jan 10th, 2013 at 11:45 AM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. Your defense won't get you anywhere if you represent yourself. The Judge will just laugh at you.
Answered on Jan 10th, 2013 at 11:44 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will need an aggressive attorney and witnesses to disprove the statements of the police. You do have a defense, but it will be difficult. The penalties for a second offense are draconian in most jurisdiction.
Answered on Jan 10th, 2013 at 11:44 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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The best thing you can do is hire an attorney to assist you. You say in your statement that the officer saw you drive. That is obviously a critical part of the case. I would need to see all the police reports. By hiring an attorney, he could help you review the case and advise accordingly. Penalties for a 2nd DUI are substantial mandatory minimum 30 days in jail, 2 year license revocation, one year interlock, $1500.00 in fines; drug/alcohol evaluation and treatment, huge increase in insurance rates.
Answered on Jan 10th, 2013 at 11:44 AM
1 Award
You should argue exactly that: you weren't driving and your car wasn't even in the parking lot at the time. It would help if your friends testify where and why they dropped you off. Hire a good lawyer to help you and you improve your chances of winning.
Answered on Jan 10th, 2013 at 11:43 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Your best defense is the truth, supported by witnesses, including your father and the friend who drove you to your car. A good lawyer would also help. It would be best if you did NOT start the car.
Answered on Jan 10th, 2013 at 2:23 AM