QUESTION
What will they do in court to prove I am guilty of my 2nd DUI?
Asked on Apr 02nd, 2013 on DUI/DWI - Michigan
More details to this question:
I'm pleading not guilty and concerned that they may have evidence that I am lying.
8 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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What are you lying about, pleading "not guilty" and being guilty or something else? Depending on the lie you may have charges in addition to DUI. The evidence they have will include your driving, field test performance and blood alcohol concentration (there may be other things too, "objective symptoms of intoxication" other observations), a skilled lawyer can attack these observations, show bias and potentially win your case. You should contact a DUI attorney in your area, you are facing serious charges that carry mandatory jail in many jurisdictions.
Answered on Apr 09th, 2013 at 7:47 PM
2 Awards
It's the governments job to prove you guilty beyond a reasonable doubt, not the other way around. You can sit through a trial and say nothing, do nothing, and still be found not guilty if the government failed to prove you guilty of the crime. For DUI in Colorado - the government must prove that you drove and when you drove you were under the influence of alcohol or drugs such that it impacted your ability to operate the car/truck. You should retain an attorney to ensure your rights are protected and aggressively defend against this action.
Answered on Apr 09th, 2013 at 12:20 AM
Michael J. Breczinski
Without the police reports and all the evidence, I am unable to answer this question.
Answered on Apr 03rd, 2013 at 9:31 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Did you submit to a breathalyzer or blood test? Were you given a field sobriety tests when you were stopped? Why were you initially stopped. If you have not done so already.
Answered on Apr 03rd, 2013 at 8:28 PM
You need to hire a DUI specialist. The odds are stacked up against you if you have no representation.
Answered on Apr 02nd, 2013 at 9:34 PM
1 Award
That depends entirely on what evidence the prosecutor has. If the prosecutor has a chemical test, such as a blood sample or a breathalyzer, then that will be introduced. If the prosecutor has video of your driving behavior, that will be introduced. It sounds like you should hire an attorney to walk you through the legal process.
Answered on Apr 02nd, 2013 at 8:27 PM
Personal Injury Attorney serving Covington, KY
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Law Offices of Christopher L. Jackson, LLC
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The officer will testify and they may have a video also.
Answered on Apr 02nd, 2013 at 7:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you will need a good attorney to defend yourself if indeed there is something wrong.
Answered on Apr 02nd, 2013 at 7:41 PM