The officer admitted that he only arrested me because he thought I was going to file a formal complaint... In court, 3 times... But I still got convicted. MVA, didn't. But the state did. Explain that.
Did they accuse you of driving under the influence of controlled substances rather than alcohol?
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There must have been other evidence introduced against you.
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Perhaps you performed poorly on the field sobriety tests and they had evidence that you were under the influence of drugs or other substances. None of us were there so we do not have the facts to know what happened at trial. You would need to ask your attorney.
You probably should appeal assuming you did not accept Probation Before Judgment. You have 10 days to ask for a new trial, 30 days to appeal, and 90 days to ask for a medication of sentence. If your case was tried in the District Court, you can try the case again at the Circuit Court by filing an appeal. Discuss this with your lawyer.
The MVA case has no bearing on what happens in court on the DUI charge,
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It sounds like they might have been able to prove that you were under the influence of some drug other than alcohol. But if you got convicted, I assume you were sitting in court for the trial, so you should know what evidence was presented.
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More information is needed to answer your question. I would definitely try talking to your attorney so you may have an understanding of what happened.
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If you disagree with the verdict, then you should consider filing an appeal. If you decide to do so, then you must file within 30 days of sentencing.
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Was this district court? If so, you've got 30 days to appeal to circuit court and you'll get a whole new trial which will replace the result of the district court trial. hire a lawyer this time if you didn't before.
DUI can involve drugs as well as alcohol.
If the DA can prove you were under the influence of drugs, you can be convicted of DUI drugs.
The DA must prove that you were impaired due to the drugs, not just that you had drugs in your system..
Let me guess. You represented yourself? I guess you have learned the hard way that the law is not as simple as you thought. Now its time to wise up and get an attorney and appeal and hopefully its not too late to fix this major screw up
More information is needed to answer your question. You need to be sharing that information with a DUI defense lawyer, there, not here on the Internet. Short answer: They did!
DUI cases are not DIY!
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. It is certainly not a do-it-yourself situation, nor a situation where you want someone getting on-the-job training.
That you have been charged or that some gizmo says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you will 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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I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
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