After watching the arrest video with my attorney I noticed they first part of the incident wasn’t on the cd. I was sitting in a private parking lot and a officer pulled up behind me. He had stated that there was a report of cars being broke into in the area and came to investigate. My vehicle was on light were on as well at that point two more officers pulled up in front of me. That night I had been drinking and one officer stated that he smelled alcohol and it was fairly obvious. I believe I admitted to drinking at that point I was trying to cooperate. After a conference one officer came to the truck and stated that obviously I wasn’t the person out here breaking into cars and that I could call my wife to come get me that they were going to run my name and get you out of here they didn’t feel I was competent enough to drive home. I complied and called my wife and she came. The officer came back to the truck and said I did have a warrant for FTA on a dui case three years prior and they were going to have to take me in and charge me with a dui. I knew that this warrant was a mistake and something didn’t happen in the process of the paperwork I had the warrant dropped 3 days later.
Lawyers are uncomfortable intervening in a case in which the defendant has counsel. It would kind of be like two doctors arguing who gets to cut you open, and where. Ask your questions of your lawyer and if he won’t explain, then fire him an get an attorney like you need. Good luck. Give him a chance.
Unfortunately the bad news is that your question just isn’t very clear. the good news is that you have hired an attorney to represent you. Excellent ! Contact that attorney with a well written set of questions. View the video together along with the police report and alcohol influence report. The lawyer you’ve selected would be in the best position to give you the best available answers for your case. Good Luck !
They were going to cut you a break until the learned of the warrant and the prior DUI. You raise some other issues that you and your lawyer will want to drill down on but the officers’ exercise of discretion is not one of them.
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