QUESTION

No alcohol involved but am diabetic and refused breathalyzer, temporarily blinded by headlights, how to prove I am innocent?

Asked on Jan 24th, 2013 on DUI/DWI - Michigan
More details to this question:
Arrested for OVI because patrol man said I had a strong smell of alcohol and marked lanes.
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5 ANSWERS

Michael J. Breczinski
You will need your doctor to testify about your condition. Tell your lawyer all about it.
Answered on Feb 01st, 2013 at 9:44 AM

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Criminal Defense Attorney serving Moses Lake, WA
Partner at Patrick O. Earl
3 Awards
What you need i a good experienced criminal defense attorney.
Answered on Jan 29th, 2013 at 8:31 PM

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You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jan 29th, 2013 at 8:28 PM

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Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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You should talk to an attorney in your area about the facts of your case. While there are reasonable explanations for the odor of alcohol due to your diabetes diagnosis, your refusal to provide a sample of your blood or breath under the implied consent statute makes your case very challenging. The refusal to provide a sample of your blood or breath is a violation in and of itself and may be defensible, the facts outlined below do not clarify possible defenses. Unfortunately, when you are facing refusal charges you need an attorney who handles both the DMV and the court side of your case, as losing at the DMV results in a one, or more, year suspension and even a Jury acquittal in court will not overturn the suspension. This means that a Public Defender, an attorney appointed by the court, cannot help you at the DMV.
Answered on Jan 29th, 2013 at 8:19 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You potentially have a defense, have made a mistake by not taking the breathalyzer will complicate matters. I would suggest you engage in attorney as quickly as possible.
Answered on Jan 29th, 2013 at 8:13 PM

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