DUI In Long county.

Asked 5 months ago - Hinesville, GA

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My Husband was arrested for a DUI while sitting in the car with the keys in the ignition. He was not driving, nor was I even in the car. We were sitting in the parking lot of a restaurant, I was waiting outside the car and the cops showed up. They said because the keys were in the car its a DUI, again even though he was not driving and we were not leaving anywhere. He blew a 0.09 so hardly over the "limit." They never read him his rights for anything. Is this a DUI and can we fight this and win? He past the other tests they gave him and barley failed the breath test. This hardly seems fair. By the way he is also military if that make any kind of difference.

Attorney answers (5)

  1. Pro

    Contributor Level 14

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    Answered December 16, 2012 13:45. This is a defensible case. Your husband needs a lawyer to defend him. Hire one quickly, as he has ten business days to file paperwork necessary to keep his drivers license while he fights the case. Please let me know if I can be of assistance.

  2. Contributor Level 9

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    Best Answer
    chosen by asker

    Answered December 16, 2012 17:32. it sounds like a legitamate case to fight. Driving does require a volitional movement. The 0.09 breath does leave room for legitamate errror. Contact a dui attorney asap and leave it to them to help you out.

  3. Pro

    Contributor Level 15

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    Answered December 16, 2012 23:01. It sounds like your husband may have defenses to being convicted of DUI. You are welcome to contact my office to discuss this matter in greater detail. With regards,

    Darrell Kimbrell

    The information is provided for general purposes only and should not be relied upon. You are advised to consult... more
  4. Contributor Level 12

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    Answered December 17, 2012 17:24. As the other attorneys have stated based upon what you have stated it appears you have something you can use to fight your husband's DUI charge. You should contact a DUI attorney quickly. There are some short deadlines for Georgia DUI, some as short as 10 days.

    Ty

    This response is for general information only, no attorney client privilege has been established by this communication.
  5. Contributor Level 19

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    Answered December 16, 2012 13:43. You need to hire an experienced criminal defense attorney in your area ASAP to represent the defendant. Sounds like you have some facts that will assist counsel in the defense of the case.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more

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