no keys in hand and I only refused to finish the test cause I was having an anxiety attack
That's a good question. Sounds like you'll have a strong motion to dismiss and an even stronger trial defense. Consult with a strong criminal defense attorney ASAP to go over all of the facts.
Krefetz & Seed
244 Brighton Ave Suite 105
Allston, MA 02134
First, you do not provide enough facts to give you any sort of meaningful answer. I am not suggesting you share anything else online; don't, because this is a public forum.
Second, a review of the police report will help in answering your question. However, you won't be able to get that at least until Monday morning in court (potentially sooner if you hire an attorney before that).
You may have a viable motion/defense to dismiss the charge, however at this stage it is way too premature to give any sort of opinion on that.
Lastly, I am assuming you have arraignment coming up on Monday morning. Make sure you show up at 8:30AM and report to the probation department at the courthouse. I highly suggest you hire a defense attorney with experience in OUI cases, because these cases tend to be nuanced and wrinkled; expertise is a must for a favorable outcome. If you can afford to hire an attorney then do so, if you cannot afford to hire one AND if you meet the guidelines for income then the court will appoint you one when you get arraigned.
I hope this helps and I wish you the best of luck
Ilir Kavaja, Esq.
The fact that you don't believe you were seen driving is different than that you weren't driving, as you know. There are circumstances under which you could be charged even if the police did not see you driving, such as that someone else reported seeing you drive. It is very important that you get an attorney to represent you as soon as possible so that she can investigate, preserve evidence, determine if there was an independent witness and what he/she said, etc., and make the arguments against "operation," etc. There are many ways to fight an OUI, but you need an attorney to do it. Good luck.
Where were you in relation to car?
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