My girlfriend spent over a year in prison for DUI type offenses. She was released in Dec. 2018 on parole until March 2021. A Ga. State trooper saw her standing beside a disabled vehicle. The car was broken down. She was waiting on a tow truck. The trooper stopped to offer assistance. I think he ran her license plate. The car was registered in a business name. He then became suspicious and asked to see her driver's license. When she could not produce one, he became further suspicious. He asked for ID and she showed him her passport. He ran the passport data and saw all the past DUI's and history with law enforcement. He then started making these assumptions and inferences and came to the conclusion this was her car, she must have been driving, and is probably drinking again. She passed both a breathalyzer and field sobriety test. He searched the vehicle and no traces of alcohol was found. Regardless, he ends up charging her with driving while suspended (M), driving while declared HV (F), and a DUI / less safe (F). She did refuse to give a blood sample back at the police station. Is she going back to prison? He did not actually observe her even driving. What will probably happen?
You need to hire her an attorney if at all possible. There are several defenses to these charges, however, a lawyer will need to review the police reports and videos in this case. If she is convicted she will be headed to prison, however, with the right facts and the right jury this is not the only outcome possible.
She should have counsel as it a felony to drive while a Habitual Violator. They have to prove she was driving. That doesn't always require the police to witness the driving, it can be done by circumstantial evidence. If she admitted to them that she drove there, that's not good. Was there someone else driving that could testify or sign an affidavit?
Regardless of the outcome of that case, her parole could be revoked for being arrested.
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