What was the basis for the stop? Driving pattern, crash, anonymous tip, tail light not working, tag light not illuminating properly? If there wasn't a legal basis for the stop, then we file a motion to suppress evidence.
A person arrested for DUI above .08 or refusal has the right to request an administrative hearing to contest the administrative suspension of the driver's license. The request for the hearing must be made within 10 days of the DUI arrest. The administrative hearing is an opportunity to challenge the evidence and question the officers involved in your case.
There is a an option to waive the administrative hearing and get a hardship driver's license. This option requires that you sign up for DUI school within the first ten days after your arrest. I will explain all your rights so you can make informed decisions.
The DUI citation can serve as a driver's license for 10 days. On the botton part of the DUI citation, it says that the citation can be a license. During those 10 days, the lawyer you hire will contact the DHSMV to address the issue of the administrative suspension, and a driving permit.
As technology improves, we're getting more video evidence in DUI cases, specifically body-cam video of officers. When I get this video, I upload it to the cloud and send you a link by text message. All you need to do is touch the link, and you'll see all the body-cam videos, and dash-cam videos in your case.
The State must prove you were driving or in actual physical control of a vehicle. If you were out of the vehicle when police arrived, or if the vehicle was broken down, you may have a defense related to actual physical contorl.
By the arraignment court date, I will have filed a notice of appearance and waiver of arraignment, along with the discovery request, a request for copies of all evidence the State has in your case. Only when the arraignment date passes does the State's obligation to share discovery begin. I will share all discovery with you, including dash-cam videos and law enforcement body-cam videos. If you have more questions, or if you're ready for help, call me or send me a text message.