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!!!!
Personal Injury Lawyer
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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DUI / DWI Attorney
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.
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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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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 not represent specific legal advice. I am happy to meet with you in person to discuss your case in detail, and at that time I can give you specific advice based on the full facts of your case. *The choice of a lawyer is an important decision and should not be based solely upon advertisements.