First DUI. Happened to be on a suspended license. 23years of age. Refusal of ALL test. Wondering about court proceedings?

Asked over 1 year ago - Platte City, MO

Switched to driver seat in gas station parking lot. There was an officer parked slightly behind building ( no to my knowledge) WHen pulling out of the parking lot, without driving more then 50 feet, was pulled over. The officer went straight to asking if I had been drinking, said no. She asked for insurance etc. my license is suspended. Owner of car was in front seat.. I refused breathalyzer, and when booked UA, AND BA refusal. They were not able to obtain in time with warrant. I do have a lawyer. But he has not really spoken with me about the outcome. I understand I will lose my license for a year because of refusal, however I do not understand what will happen from here on out. Please help me understand what (if any) choices I have from here on out and what process that might entail!!!!

Attorney answers (4)

  1. Carl Matthew Ward

    Pro

    Contributor Level 8

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    Answered . You may well have grounds to suppress evidence based on an illegal stop. The State must establish that the officer has reasonable, articulable suspicion that you were involved in criminal activity, needed his assistance, or that there was some legitimate safety concern that required him stop your vehicle. If the motion were to be granted, all evidence of the illegal stop would be excluded from evidence and the State would have insufficient evidence to proceed to trial. Unfortunately, the lawfulness of the stop is not an issue in the refusal case.

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  2. Evan Matthew Oshan

    Contributor Level 11

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    Answered . I recommend that you immediately contact a local attorney in Platte City MO who specializes in criminal defense. Use the AVVO attorney search bar.

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  3. John Clayton Schleiffarth

    Pro

    Contributor Level 12

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    Answered . You need to make sure you've hired a knowledgeable and experienced DWI Lawyer. Under the same circumstances you describe, being your first offense, it is very possible in St. Louis County, MO for example, to keep your drivers license through a plea deal . Only an experienced DWI Lawyer can properly navigate you through this charge and lay out all of your options.

    Please contact me at (314) 561-9690 for help. Answers provided to questions on AVVO are general in nature and do... more
  4. Macy Michelle Jaggers

    Pro

    Contributor Level 20

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    Answered . Your choices are going to be to enter a plea bargain or have a trial. I have no idea when you were arrested but it can take several months for your attorney to go through the discovery process and recommend a plea or trial. You need to schedule a sit down with your attorney so he can educate you on the legal process.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more

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