Yes! I know, I'm an attorney and I say you need one. But, do you know the law? How many have you taken to trial? Can you evaluate whether the officer had probable cause to arrest you? Whether you are
likely to get jail or not is only part of the issue. Many times the collateral effects
Of a DUI, even with a PBJ can be more severe than the case itself. Yes, you need an attorney.
Maybe, but it depends. If let go or discharged means it was for disciplinary reasons, then it is more likely than if they have retired, or say moved to another police agency. If they have had disciplinary issues, especially if related to their honesty or trustworthiness, the it is more likely. Like much or life, "the devil is in the details".
Yes. What you have encountered, unfortunately, is a bit of the complexity of a DUI. When you opted to put the Ignition Interlock Device (IID) for a one year period, you were doing that subject to the statute that says if a driver refuses the breath test, they are subject to a 120 hard suspension (no driving at all) or one year on the IID by the MVA. That one year can not be shortened without imposing the original 120 day suspension.
DDMP is the name for the part of the probation...
As several other attorneys have already said, almost any traffic charge can be sufficient to justify the original stop. I have told many clients that a minor violation that would be ignored at 1:00 PM can justify a stop a 1:00 AM. That said, there is much more to developing sufficient cause to have a person out of the car and ultimately arrested and charged.
Retain a competent DUI attorney immediately. Good luck.
Can't give a definite answer without more information - and don't post it here because this is a public site that anyone can see. In general, if you took a breath test and the result was between .08 and less than .15, MVA will propose a 45 day suspension, that has the potential to be modified to permit limited driving. If .15 or greater then looking at a 90 day suspension. If a test refusal, then looking at a 120 day suspension, that and the greater than .15 suspensions can not be modified...
Attorney Scheinin is correct. You can not change the prosecutor assigned to your case, therefore, choosing the attorney representing you becomes even more important. Many of us have worked with most if not all of the prosecutors in our areas and are aware of their foibles and weaknesses. This is one area where a "local" attorney can be an advantage..
Yes, some people are foolish enough to try to beat the system even knowing their next report date. Depending upon how much a person drank, their metabolism and how much time has gone by, it can take longer than many believe to get below the limit which is far below what will trigger a DWI/DUI.
Someone trying to game the system may also find themself involved in a minor traffic violation that, while not a DUI, can lead to a breath test that shows they have been drinking. Poor judgement...
As Attorney Scherr has stated, it is a violation of an alcohol restriction. By itself it is not a DUI/DWI. Having said that, it is still a serious matter that could have server consequences on a person's driving privilege. If the restriction was placed on the license as a condition of probation it could also be a violation of that probation.s