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Michelle Marie Dylan

Michelle Dylan’s Answers

2 total

  • I had a citation on court for DUI, but Clerk sasys District Attorney has nothing yet, but it could take up to one year, What do

    What do I do if District Attorney does not have nothing or what is this means?

    Michelle’s Answer

    If the charge is a misdemeanor dui, the District Attorney has one year to file charges. If you are in fact charged, you should receive a notice of the charges and your court date in the mail.

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  • What are the chances of my DUI being reduced to a wet reckless on my record?

    About a week ago I got a DUI, BAC .16 at the station, first offense. I am 99.99% sure that they did not read the Miranda Rights to me, I was so scared and shocked that I just agreed to everything they said so that is why I am saying 99.99% sure, w...

    Michelle’s Answer

    Whether your case will ultimately be reduced depends on a number of factors which are unknown at this time. For example, whether the machine that was used was properly working at the time the test was administered, whether the breath test was properly administered, whether the officers had a legal reason to stop and detain you, and whether they had probable cause based on the circumstances to arrest you. As the other attorneys mentioned, Miranda is probably not an issue in your case because it only applies during custodial interrogation. However, I would promptly consult an attorney to review all of the potential issues in your case in order to determine what defenses are available. Also, make sure to request a DMV hearing within 10 days of the arrest to preserve your right to the hearing.

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