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Got a dui ticket on 12-1-12 and had a court date on 4-12-12 and they said the da is still waiting

Fresno, CA |
Attorney answers 7

Posted

Hmm. Your attorney is going to have to be a little creative with the premed apps going out soon. A great deal depends on the information that isn't supplied here. Many reputable DUI attorneys offer a free consultation. My advice would be to contact at least one soon.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

Posted

given the fact that your pre med student apply to med school I hope you're not going alone it would be very a good idea to get a lawyer involved maybe even contacted the 8 before charges are even filed. he would do well to contact new tranny me DVD he may be responsible for saving your entire record

Posted

They're probably waiting for the Police officer to correct some paperwork. Do you know what happened with your DMV hearing? Did you even request one? You may be driving on a suspended license. I'd check into that right away. Best bet is to hire a good lawyer. I think that's Terry Wapner territory in Fresno.

Posted

I agree with the California lawyers who have already answered. I'm chipping in because you can't hire me and I'm saying the same thing. You need a good dui lawyer, now.

Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.

That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.

Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!

After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.

You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.

That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.

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Thank you.

--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
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--- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
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--- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
http://addbalance.com/fieldsobrietytests.htm

--- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
http://addbalance.com/duidrugs.htm

--- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
http://addbalance.com/duimath.htm

--- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
http://addbalance.com/duitendaywarning.htm

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Posted

The DA is not "waiting for evidence." The DA has not yet reviewed the case.

Every day stacks of police reports come into the DA's office. These are prioritized based on felony/misdemeanor, and in jail/out on bail/cited out. The last cases to be reviewed are misdemeanors where the suspect has been cited out. Budget cuts the last few years have caused backups in misdemeanor divisions of the District Attorney's offices around the State. This is quite normal, unfortunately.

In Stanislaus County, it has not been unusual to wait up to six months to find out if the DA has filed a misdemeanor offense, even DUIs.

When you appear in court there are three possibilities: 1.) a complaint has been filed, 2.) the DA has not yet reviewed the case and the court will continue the case for another 2-3 months, or 3.) the DA has decided not to file charges in your case. If they file charges, the judge will ask if you want time to hire private counsel or whether you need counsel appointed.

Please be aware no attorney can give you a good estimate of how your case will turn out until we have reviewed your police reports, spoken to you and any witnesses, and done any investigation necessary.

I am a former Deputy District Attorney and former DA Family Support Attorney. This answer is not intended to give specific legal advice or to create an attorney-client relationship. Michael Scheid may be reached at (209)544-5727. For new Criminal Defense clients and Personal Injury clients the initial consultation is free.

Posted

The DA has up to one year to file a misdemeanor DUI case. As a former DA I know how many filings the deputy DA's have sitting on their desk! If it is not filed on or before 4/12/13 keep in mind they may send you a "letter" to appear in the near future.. You need an attorney as a DUI could cause issues with the med school application. There may be some issues to discuss involving the collision as well as the breath test results.. do yourself a favor and talk to an attorney! But you will not face any actual jail time most likely.

Posted

The DA has 1 year to file on a Misdo and 3 years on a Felony...so you must keep calling to see if charges have been filed yet.
Just call the DA's office and give them your first name, last name DOB.
Scotty

Scott David Levy

Scott David Levy

Posted

The DA's number is 559-600-3141...I am in Fresno every single day. Scotty

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