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Can DUI charges get dropped?

Jefferson, ME |
Filed under: Criminal defense

My boyfriend an u left a bowling alley Friday night. We got into a fight and pulled into a parking lot literally less then 5 minutes away from the bowling alley. We got out of the car. The engine was off. Keys in pocket and doors shut no one else was in the car. The cops arrived because of us fighting. The witness statement says they didn't see anyone driving just two people fighting. Despite our arguments we were contemplating whether to call a cab or friend to bring us home. When the cops showed up they arrested us both with DUI. What can we do.

Attorney Answers 4

Posted

Based on what you describe you have a very defensible case and a decent shot at beating the charge. That is if things are they way you say they are. It's not that I doubt you but your perspective may be a little off. The best thing for you and your boyfriend to do is get an attorney to handle this matter for you. S/he can evaluate the facts and circumstances and take the necessary actions or negotiate for the best possible disposition. Good luck

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2 comments

Asker

Posted

I am telling the truth neither of us were in the car and now he's facing a felony charge because this is his "third" DUI we hope each of our public defenders will help. Do you have any advice or similar cases that can rule in our favor. Also if they're are going to "suspend" our license do they need to mail us first. I'm just scared cause we are both innocent

Benjamin J Lieberman

Benjamin J Lieberman

Posted

I'm not saying that you aren't telling the truth. You should review this with your attorneys. They will be in the best position to assist.

Posted

There are certainly defenses to this case. Driving is an issue in the prosecutions case here...for both of you. And particularly, even if they could prove driving, they could not prove it as to both of you (assuming one person drove and one was a passenger). I would recommend that you each secure separate DUI counsel to defend this case.

So to answer you question, it is possible to get DUI charges dismissed or reduced to lesser offenses....but that is much more likely to happen with a good DUI defense attorney.

Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.

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Posted

You could not both be committee OUI as only one individual could be operating the vehicle. If your boyfriend admitted to the officers that he was driving the motor vehicle then under Maine law that is sufficient to prove the operation element of operating under the influence. You need to consult an OUI attorney

My response to your question is a generic response and should not be construed as controlling to your case. I can not effectively advise about your case without knowing all the facts. Additionally, my response does not create an attorney-client relationship. You can contact my office to schedule an appointment if you would like to have me represent you.

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7 comments

Asker

Posted

What is the number to your office? Also do I need to file an appeal to keep my lisecene or can I drive until I'm "convicted" even though no one was driving :-( lastly even if no one was driving when they arrived what are our chances in court for having this dropped?

Asker

Posted

What is the number to your office? Also do I need to file an appeal to keep my lisecene or can I drive until I'm "convicted" even though no one was driving :-( lastly even if no one was driving when they arrived what are our chances in court for having this dropped?

Asker

Posted

What is the number to your office? Also do I need to file an appeal to keep my lisecene or can I drive until I'm "convicted" even though no one was driving :-( lastly even if no one was driving when they arrived what are our chances in court for having this dropped?

Robert C. LeBrasseur

Robert C. LeBrasseur

Posted

It is impossible to determine what your chances are of having this dropped without reviewing the evidence the prosecution has first (discovery). You are in a two track system -- the court and DMV. DMV should notify you within 30 days that they plan to suspend your license. If you took a test to determine your BAC and request a hearing in writing then you can drive until the BMV hearing. You only have 10 days to request the hearing from receipt of the notice. Make sure BMV has your correct mailing address (the same one the officer used when you had contact with them). The number to my office is 699-1315 which you should be able to see on my profile.

Asker

Posted

How do you file a discovery?

Robert C. LeBrasseur

Robert C. LeBrasseur

Posted

You file a request for discovery. Under Maine Rules of Court you are not entitled to received discovery until your arraignment or 10 days thereafter. Typically, most DA offices will give you a copy when you appear for your arraignment. What is your summons date?

Asker

Posted

My summons is what i got the night i was arrested says to appear in court may 9th at 8:30 am. Today in the mail i got a notice of arraignment that says "this is to notify that your hearing has been set for arraignment may 8th at 8:30 am" so i am a little confused, i go both days? and when/how do i get a court appointed lawyer? i was under the impression that i plead not guily and then i get court appointed lawyer.

Posted

This case is like a law school problem, which is a good thing for you. There are countless issues with this case. For starters, the last time I checked, most car only have one steering wheel and yet both of you have been arrested for driving the same car. Additionally, the only evidence that they may have that one of you was driving, was from your own admission, and not through any observation of any witness. This brings into play the Corpus Delecti rule. You need to contact a lawyer immeidately, as does your significant other as well. This case has so many issues that a competent DUI lawyer could have a field day.

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2 comments

Asker

Posted

At first we both said we did but that's all he said she said. And we were both intoxicated and going to get a taxi or friend to bring us home. No one was driving when the cops arrived. I just want to know the best way to fight this with our court appointed lawyer

Asker

Posted

My summons is what i got the night i was arrested says to appear in court may 9th at 8:30 am. Today in the mail i got a notice of arraignment that says "this is to notify that your hearing has been set for arraignment may 8th at 8:30 am" so i am a little confused, i go both days? and when/how do i get a court appointed lawyer? i was under the impression that i plead not guily and then i get court appointed lawyer.

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