I was pulled over for speeding on I-35 in 2012. I complied with everything the officer asked me to do. they ended up taking me

Asked over 1 year ago - Georgetown, TX

in for a dwi. when i arrived at the courthouse. I took two breathalyzers and both did not read. they checked my blood glucose level which was a normal 110. Then the officer told me I had to take a blood test which I did but shouldn't have. I had been compliant the whole time and they had nothing on me at that point. It took me six months of going to court. My attorney kept wanting to plea bargain, and I asked him about getting it thrown out for lack of evidence since my blood test never came back or was ever in my case file. all in all I ended up getting convicted, and I have nothing prior on my record. I work in security and I lost my job, and about to lose my vehicle over this. As well as future jobs. Is there anyway this could be taken back to court and I could be acquitted?

Attorney answers (3)

  1. David Christopher Hardaway

    Contributor Level 10

    1

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    Answered . If you're attorney gave you advice that was erroneous that you relied on to your detriment or did something else that would entail ineffective assistance of counsel then it is possible with a writ. Otherwise you're pretty much out of luck. If you think you might be eligible for a writ, I'd call some attorneys up with the specific facts and find out for sure if there's even a slight possibility.

  2. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Only if the case is overturned on appeal. If you entered your plea more than 30 days ago, your deadline to file an appeal has expired and your only remedy would be a writ of habeas corpus. Either way you need to consult an appellate attorney.

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

    Contributor Level 12

    3

    Lawyers agree

    Answered . I would also add that if you pled guilty and did not go to trial you likely waiver your right to appeal. However, you still have the post conviction writ at your disposal. You need to talk to a lawyer who does appeals, writs, or both. You may have some issues in your case that would take way too long to discuss here.

    Joseph Vinas answers questions on Avvo for general information and not as legal advice. Those answers do not... more

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The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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A DUI arrest must be based on probable cause: the officer must have enough evidence to arrest, as determined by a combination of factors.

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