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Eugene Ellis

Eugene Ellis’s Answers

3 total

  • Charge with dui while car was parked can I fight the case or have it reduce?

    was charge with DUI while car was parked, keys were on the ignition, I was not taken to police station was taken to hospital, was not finger printed, got 1 DUI back in 2005, did not performed any sobriety test, I don't know my BAC level, I had 2 a...

    Eugene’s Answer

    The police charge people with DUI that in fact did not drive all the time. In some states you do not need to actually drive ...others you do ....kind of....

    Let me explain this way (1) There is the power and the Right. The police are always doing things that they do not have the legal right to do,... but they can physically arrest you and if you do not have a competent attorney to defend them selves, you end up with a very difficult crime on your record till you die. This ans could be a page or two so please consult an attorney that has been doing only DUI for at least 10 years may possible increase your chance to find a skilled DUI attorney.

    one possible help is to look up the Nat College for DUI defense NCDD held every year in Harvard Law School for a referral. Good luck

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  • If I refused a DUI test, do I lose my drivers license?

    I don't recall refusing any of the alcohol test. I guess I must have so will I lose my license?

    Eugene’s Answer

    people that are very intoxicated or ill will often be charged with refusing and they force blood. If you refused recently, to force blood from you, if that is what happened ,will require a warrant signed by the judge. You need a skilled attorney on this one.

    Also some times you just do not ans the question "will you take blood or breath" in the station fast enough for the officer, they will say you refused when you did not. Again representation by a very skilled DUI DMV attorney is critical. Caution, most DUI counsel are not very skilled in DMV and will tell you to just accept your fate.

    Not true. Administrative law is quasi Civil /Criminal and most attorneys are not trained in administrative law. So the same objections that work in the court room do not necessarily work in the APS hearings. To complicate matters even more, DMV administrative law is not even pure administrative law. It is a form of hybrid law with little effective over site unless you go all the way up in a Writ process,; usually expensive.

    We do writs all the time. Some times it is the only way to win in cases where the license is critical to the persons life and future. Raising 13,000 is too much money for most clients so they hire the best attorney they can afford to hope to win in the local APS hearing against a basically un trained hearing officer ...given however her instructions from her boss to find against you ...resulting in your loss your license in one form or another for 4 to 6 months ...or longer months, depending on the facts and if it is your first, second or more.

    Complicated cases can not be answered with simple solutions.

    Eugene Ellis Esq.

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  • I was kicked out of DUI class for forging my AA slips and I have an arrest warrant for immediate arrest what do I do?

    I went to all my classes missed only a couple of them paid my fines and fees on time just worked too much an didn't have time for AA classes

    Eugene’s Answer

    The best way to handle this situation is to hire an attorney with a good reputation in front of the local judges and at the DMV. If your attorney is known for being truthful and in fact follows up with the courts to be sure you are complying to the second chance he presumably got you, there is a better chance you will receive only a slap on the hand and be reassigned. We have a Certified DUI Counselor working with our DUI firm. The judges know he is a truth teller and will not lie or exergerate for any client and will help your attorney to guide you through what to do next:be alert it may take some time to clear the warrant so your attorney should give you a letter to carry with you till your attorney can get before the court. Eugene Ellis Esq Mr. DUI.com

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