I was not pulled over by the police but sitting in my car w/my keys not in ignition but sitting on side of freeway after not feeling well enough to drive. Two witnesses called in my irradic driving to the cops. I explained I felt sick and needed to go to the hospital when they arrived but instead they put me in a cop car. I didn’t give permission to search my vehicle or agree to any tests because I felt it was my right to refuse. I watched them destroy my car by searching then telling me a search warrant came in to search my car and draw my blood. After they already rummaged threw my car. They took my blood after a warrant and I had hydrocodone which I was prescribed for tooth extraction and 7.8nanograms thc, I live in Washington state and believe me when I say I wasn’t impaired I have smoked for years and years. They found my hydroz plus one Ativan and one morphine 15 in my purse and are now trying to convict me of a dui and 3 fellony possession charges. My lawyer who I AM firing first said 90 days ehm for dui and they will drop the other but then at the next meeting says 30days jail and 60of ehm. I do have a neg. driving and a reckless driving on my record.
There are two ways to prove DUI. The first way is that you were impaired. In this prong it doesn’t matter what your tests results were, but only if you were impaired. The second way is to show that you were over the legal limit. In the second way it doesn’t matter if you were impaired, only what the tests results were. They also need to prove you were driving or in physical control of the vehicle. It sounds like there are witnesses to establish that you were driving and an officer to testify to physical control.
You can always hire a different lawyer.
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I'd like to say know but the trust is, sometimes prosecutors withdraw offers. It could have been the offer for 90 days was withdrawn by the next DA. It's your fault for not taking the deal when it was on the table.
Well, everything the cops did was legal and considering there were people calling it in, you likely can be convicted of DUI.
Seems like your attorney negotiated a fair deal, given the fact this is your 3rd DUI related arrest. You could be eligible for a deferred prosecution.
Why do you want to change attorneys? Going to trial risks the felonies and possible prison time. Contact an attorney. Most give free consultations.
I am licensed attorney in Washington and California who focuses Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
The smartest thing to do is sit down with a private attorney so that he/she can hear all of the issues and information that you have available AND if you could provide the police report then the attorney can give you a legal analysis of your situation. If you don't have access to the report then the private attorney will only have access to the report, witnesses and the prosecutor IF you hire that attorney to represent you. However, you can hear what the private attorney has to say and see if you understand it all and like what you hear. A couple observations: 1) sounds like the officer did a normal investigation here so he actions were probably fine. 2) The charge of DUI can be proved if the people that say you drive the vehicle appears in court and testifies to what they saw. Not that you were impaired because the normal person wouldn't have the expertize to make such statements so it would be just to put you behind the wheel of the vehicle. 3) then the State would try and show evidence of impairment. Whether it was test results of a certain amount of Marijuana in your system, over 5 nanograms is considered illegal and whether there is a combination of other drugs in your system too. Legal or illegal. If you don't want to use the attorney you were appointed hire a private one. If you can't afford a private attorney then you will have to deal with the attorney that you were appointed because you can't pick and choose your appointed attorney.
One other note. If you have a way to get out from under felony charges do it. Felonies are always very bad.
You are being foolish or unaware of the way the system works, or both. When a lawyer says to a client the offer from the prosecutor is XXX and the client say no, what do you think happens? The lawyer goes back to the prosecutor and says "No, that isn't satisfactory to my client". It is not unusual for the prosecutor to then say, Well, we have some new stuff and I'm glad your client said no. Our new offer is YYY now. Let me know what your client says about the new one". Then the lawyer gives you THEIR second offer. It is not as good as the first offer but that is hardly the lawyer's fault. We do not make up offers for our clients and then punish them if they do not take the offer.
So, it is the long way around saying that the reason the second offer is made is because of YOU and YOUR choices, not because your lawyer made the decision.
The rest of you stuff is what the main issue is and will be decided when you go to trial, unless you decide to take some offer that is made at a later date. By the way, if is a crime in Washington to drive with drugs in your system, even if they were prescribed by your doctor because you are not supposed to be driving anyway. Further, you are probably a little lucky because your refusal to take the drug test is a refusal under the statute and not only does such refusal subject you to a Civil Suspension of 1 year by the Department of Motor Vehicles, your refusal is admissible for the jury to hear. By taking a blood draw with a warrant for the search you will probably not face the refusal to submit.
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