How best to handle a first-offense DUI with extenuating circumstances?

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How best to handle a first-offense DUI with extenuating circumstances?

I was in a vehicle that slid off the road and had to call for an ambulance. I only had a permit and a cop arrived first. I was taken to jail, not to the hospital. I agreed to a blood test which I passed. I was promised that a doctor would be called but I never saw one. My name was in the paper saying that I was arrested on drug possession (false). Friends attempted bail but they were told I had been released (false)I finished getting my license. I went to court but my ticket was never filed. I actually let them copy my copy for the reschedule. Could I have/can I still fight this? Should I speak with a DUI attorney? In Grand Forks, ND.

Asked on May 9, 2011 under Criminal Law, North Dakota

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The short answer to your question is yes, you should definitely speak with a criminal defense attorney.  Based upon the facts that you have provided, it seems like your case is very defensible.  In other words, if you really passed the blood test, then your attorney should be able to use that test result to get your case dismissed.  A passed blood test should negate probable cause, or at the very least, proof beyond a reasonable doubt.  However, you fail to state why you were still arrested if you passed the blood test.  This leads me to believe that there might be more to the story than what you have provided.  On that note, you indicate that the paper falsely reported that you were arrested for drug possession.  Is it false that you had drugs, or false that you were arrested for possession?  If you were arrested for possession, then it sounds like the blood test came back negative for alcohol, but positive for drugs, which might explain why you were arrested for dui and why the paper subsequently reported it.  In any event, a newspaper's false report and/or an officer's lie to your friends about bail will not provide you with a basis to get your charges dismissed.  You clearly need to sit down with an experienced defense attorney to discuss this matter in greater detail and develop a defense strategy.  Good luck. 


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