QUESTION
What are my chances that I can get this DUI set aside in court?
Asked on Mar 15th, 2014 on DUI/DWI - Georgia
More details to this question:
I was pulling into my driveway when an officer turned his lights on behind me. He informed me that my music was too loud, it's a stock radio, no aftermarket speakers. He then proceeded to do a field sobriety test. Admittedly, I put my foot down after counting to 11. He never told me that he smelled alcohol on me, or any other indicators that I had been drinking. He then arrested me on suspicion of DUI. I refused the Breathalyzer at the station. I live in Oregon. I was very cooperative and they never fingerprinted me or took my picture.
3 ANSWERS
Criminal Law Attorney serving Royal Oak, MI
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James S. Lawrence
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Without any blood or breath test, the prosecutor can still proceed, but they will have a much more difficult task than if they had scientific proof. Now, all they have is the opinion of the officer. I have won cases like that, but you are not guaranteed to win. Every case is different. In this case, important factors will be the apparent credibility of you, and the apparent credibility of the officer, in the eyes of the jury. The goal is to get a not guilty verdict from the jury. Once you are convicted, it normally will be very difficult to get that conviction overturned.
Answered on Mar 17th, 2014 at 7:42 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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You can not expunge a DUI.
Answered on Mar 17th, 2014 at 12:16 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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If this happened in Oregon you need to speak with Oregon attorney, not Florida.
Answered on Mar 17th, 2014 at 11:51 AM