More details to this question:
I was pulled over a while back. They said they smelled alcohol, gave me a breathalyzer and I passed. Then they called the DA at 1:30 am and asked if they would like to take me for drug screen. They took and gave me a urine test at the hospital. I didn’t receive anything for 2-3 months and then got the citations in the mail for DUI, paraphernalia and a (1) controlled substance in my vehicle. Now they say that my urine was lost, now saying destroyed. The DUI is sticking because the citation says I admitted taking pills, which I did not. I am represented by a public defender and I’m a little worried for I feel it should never of went this far. My ex is very close to the police that arrested me and I cannot even go in my hometown without being harassed and followed by the police. Thank You.
8 ANSWERS
Gary Moore
It seems that you need to hire a criminal lawyer to help you.
Answered on Apr 24th, 2013 at 2:31 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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This is something that you need to be discussing with your public defender. The short answer is: yes, you can be convicted of this.
Answered on Dec 09th, 2012 at 8:00 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You have an attorney, who has far more facts than you have provided to me. I am not going to second guess your attorney.
Answered on Dec 09th, 2012 at 7:22 PM
Michael J. Breczinski
They have to show that you had drugs in your system first before using your statement. This otherwise violates the corpus delecti rule. This means that they have to show a crime was committed BEFORE they can use the statement to convict you. You should fight the matter.
Answered on Dec 09th, 2012 at 7:19 PM
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You are represented and so you need to talk to your attorney about these concerns and issues. PD are very good attorneys. They are in court all the time and know the prosecutors and Judges very well. There is no reason to freak out. Just because your prosecutor is taking a hard line on your case and not reducing or dismissing it doesn't mean your attorney isn't working hard for you. Sometimes things just need to be tried.
Answered on Dec 09th, 2012 at 6:52 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You never stated why you were stopped and that is an important aspect because if no reasonable suspicion exists for pulling you over, the case could be dismissed. There are also many other factors that you mentioned that could possibly result in evidence being suppressed or charges dismissed. In order to give a more thorough analysis a complete review of the police report and all discovery would be necessary for that. If you feel that your public defender is not doing his job well enough, you can always hire private counsel.
Answered on Dec 07th, 2012 at 3:48 PM
You need to hire a DUI specialist if you ever wish to untangle yourself out of this DUI mess. You have a great case, but not by yourself.
Answered on Dec 07th, 2012 at 12:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest a limited engagement with another attorney to determine whether or not they are of the same opinion as the public defender, if they are not I would suggest that you engage them for your defence.
Answered on Dec 07th, 2012 at 12:41 PM