I was not driving and I was in the passenger sit , I went to my previus address and parked my car in driveway,the homeowner call the police I refuse to take a sobriety test and was taken to Jail.
I was brought home in a taxi and then I hopped in my car ,thats when the owner of the house called the police ,but someone drove my car and put it in my previus address . That probes I was not driving
A conviction for a second DUI has very serious consequences. A decision on whether or not to plead guilty should only be made after a review of the evidence against you, evaluating your chances at trial, and negotiating with the prosecutor. Hopefully, you have an attorney helping you with those things. If you do not have an attorney, you need to speak with and hire one right away. It sounds like you may have a good defense. You certainly need to have an attorney help you get the best result possible in your case. Do you have a court date?
Don't do anything at all until you consult with and hire an experienced DUI lawyer.
Never plead guilty to anything without the advice of an attorney who knows all the facts and circumstances. Get counsel.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida. If you wish to contact the above attorney, see his profile at this website.
There are severe consequences of having a second DUI conviction. You need to discuss your case in detail with an experienced criminal defense lawyer.
Criminal Defense Attorney
Do not plead guilty. It sounds like the homeowner probably knows you and may be a witness as to your level of intoxication, but, that remains to be seen. Pleading guilty to a second DUI has serious consequences and every effort should be made to win this case. Recommend you contact an experienced DUI lawyer asap.
If you weren't driving don't plead guilty.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
DUI / DWI Attorney
If you weren't driving, the I would suggest you don't plead guilty. Perhaps, hire an attorney.
Criminal Defense Attorney
Why plea to something you didn't do?
Why would you want to plead GUILTY to something that you didn't do? Just off the top of my head I can think of several issues that could be valuable in your defense based on the information in your question. 1) If you were brought to the residence by a Taxi - get your credit card statement to prove that you used a taxi, or get a record from the Taxi company showing that you were the passenger brought to the residence. 2) If you car had been at the residence for a good period of time, did the officer check the hood to see if the car had been driven recently? 3) Where were the keys to the vehicle? 4) If you know who drove the vehicle to the residence - then get that person to be a witness for you. These are just a few of the factual issues that can be very valuable in the defense of your case. However, you really won't stand a chance against a trained law enforcement officer and hard nosed prosecutor if you try and defend yourself! You need to retain the best DUI Defense Attorney that is available to you - ASAP! Good Luck!!!
George McCranie www.mccranielawfirm.com
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.