QUESTION
What is my chance of fixing a DUI case that got out of hand?
Asked on Dec 06th, 2012 on DUI/DWI - Michigan
More details to this question:
I was pulled over awhile back and 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 have me taking for drug screen then 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 am a little worried for I feel it should never of went this far.
6 ANSWERS
Michael J. Breczinski
Your attorney has to bring up the corpus delecti rule. This means they have to show that you had illegal drugs in your system before they can use your confession. They can't prove the crime happened with just your statement. This is fundamental law.
Answered on Dec 14th, 2012 at 1:56 AM
John J. Carney
You should never talk to the police, answer their questions, consent to a search, or sign anything. They would have to dismiss the case if they lost or destroyed the test or sample, but if you admitted to taking anything they can take it to trial. Remember, "Fish Don't Get Caught Until They Open Their Mouth".
Answered on Dec 14th, 2012 at 1:22 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
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What court is your matter in? Have you spoken to your Public defender about the case? If you do not feel that you are getting the representation you would like from the public defender, you should speak to a DUI attorney in your area. To answer your question, Drug related DUI's, generally speaking, have a lot of defenses. If the State lost the urine sample, which is important evidence in there case, it just got more difficult for them to prove beyond reasonable doubt that you were actually Under the Influence at the time of driving. I would not post specific details about your case on a public website, but if you are uncomfortable with your public defender for whatever reason, contact a local DUI attorney to discuss your case in more detail.
Answered on Dec 14th, 2012 at 12:29 AM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
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You are entitled to be represented by an attorney of your choice if you feel uncomfortable with your appointed lawyer.
Answered on Dec 13th, 2012 at 11:28 PM
You should not be using a PD for this kind of case. First of all, a PD will not represent you at the DMV. Secondly, PDs need to handle a few hundred cases every month, so don't expect that your case will be on the top of the pile. You need to hire a DUI specialist who knows what he is doing to file the proper motions.
Answered on Dec 13th, 2012 at 9:09 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Unless you can afford to retain counsel, cooperate with your public defender and make sure that they are fully apprised of all of the deficiencies of the prosecution's case.
Answered on Dec 12th, 2012 at 12:26 PM