What to do if I received a DUI and failure to keep vehicle under control but have only been charged on Circuit Courts with failure to keep vehicle under control?

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What to do if I received a DUI and failure to keep vehicle under control but have only been charged on Circuit Courts with failure to keep vehicle under control?

I totaled my car after swerving to miss a deer and was thrown from the vehicle in the process; I suffered a concussion. I was out in the country and went to get help, but was unable to find any so I returned to my vehicle. Att his point, 3 hours had past and when I returned to my car a sheriff was there and cited me for DUI and failure to keep vehicle under control. I have a court date for the DUI, but on Circuit Courts have only been charged with failure to keep vehicle under control and not the DUI and my court date is in a few weeks. Is this because lack of evidence?

Asked on June 20, 2012 under Criminal Law, Wisconsin

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It may or may not be because of lack of evidence.  There are a couple of different possibilities.  The first is lack of evidence.  The prosecutor could have reviewed the case and determined that there was not enough evidence to go forward.  The second possibility is that the prosecution has found a way to enhance your history and may file it later as a felony charge. A third possibiity is that they are waiting on additional evidence before they file the DUI.  Other evidence could be in the form of medical records, prior judgments, or witness statements.  Many prosecutors don't like filing a charge until they have all of the relevant information.  When you go to court, you need to inquire about the DUI before you enter a plea on the other charge.  By admitting to part of the offenses that day, you may be giving the state additional concessions to use against you at a later date. 


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