You need to sit down with an attorney to discuss this case. There is nothing wrong with an officer stopping to see what is happening when a car is on the side of the road waiting for a tow truck. I would be curious what led him to decide to test you. I am assuming that he will say he smelled alcohol, saw your eyes were red, voice slurred etc. Regardless, this should be reviewed by an attorney. Hire one as soon as possible.
You don't really "argue your point." The prosecutor will ask you what happened and you respond-explain what happened. You will be on the witness stand, as opposed to the defendant who will be with his attorney.
I am uncertain regarding the status of your license or whether it should currently be suspended. You need to sit with an attorney because there are many questions that need to be asked. Contact someone today.
You need an attorney for a first DUI. Since this is your second and there was an accident, you definitely need an attorney. Two DUIs is indiciative of a drinking/alcohol issue. You should seriously consider being evaluated.
Without reviewing the case in full, an attorney cannot tell you what you can do to limit your punishment. As a result , hiring an attorney is your first and most important step.
In regards to your question regarding the driver's license, you have recieved innaccurate information. The only way that the other state will not suspend it is if they do not discover it. Due to interstate compacts, do not count on that happening. Hire an attorney to handle the case for you.
Michael L. Doyle...
That is not a valid concern. It is necessary that you have faith in your counsel. You need to be completely honest with him/her about the details of the event. If you do not trust him/her, you should talk to another counsel. However, I do not believe this concern is not a very rational one.
No. Although, if they have already went through the preliminary hearing it tells me the DA is set on going through with the case and that the Judge found enough evidence to proceed. It is possible to write a motion indicating that the judge hearing the PH made a mistake in not dropping certain charges. It has been my experience that if it is borderline they would rather have the jury decide. I would discuss this with your attorney and if you do not have one you should hire one ASAP.