I am on dui charges still awaiting trial for operating a 4 wheeler on the road and have witnesses that it was not me. my daughter just got taken away because her probation officer found beer in the house that was mine and they said it was because they are trying to get me on an alchol bracelet. can they do that?
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Alcohol & Drugs: DUI, DWI dui charges
- Thread Starter tim001232
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army judge
Super Moderator
They have done it, haven't they?
If there is a remedy, it'll be in a court in your county.
I suggest you speak with a lawyer in your area.
The initial consultation is often at no charge to you.
Seek a meeting with a lawyer ASAP.
mightymoose
Moderator
It doesn't sound like you were arrested. Perhaps you should rephrase the issue.
No, Miranda warnings are not automatically required.
No, Miranda warnings are not automatically required.
CdwJava
Moderator
Soooo ... you were arrested for DUI yet you have witnesses saying it was not you? So, you are saying the police did not arrest you????
Or, are you saying you have witnesses that will say you were not impaired and the police were lying for some reason?
And what does your arrest have to do with your daughter's probation violation?
they never took me to jail and yes i have 3 witnesses going to trial stating that it was not me on the 4 wheeler and one of them is the person that was on it. i was standing beside it in the yard when the cops came. and my daughter was not anywhere in my costody when this happened she was with her mother where she stated in court that if she went back to her she would end up doing drugs again
CdwJava
Moderator
So ... can you explain how they are charging you with DUI? And how do you KNOW you have been charged with DUI?
Okay ... so, the cops received a report of someone driving like a drunken yay-hoo on an ATV, the3y responded and found the ATV with you standing next to it apparently impaired in some way. Is that about right?
I don't recall if you mentioned what state you are in, but in many states some actual observed driving has to be observed absent a collision of some kind. What state are you in?
And, did they arrest you because they thought you were driving? If so, and they cannot place you as the driver through witness testimony of some kind, then you should have little problem beating the charge.
But! If they did not arrest you, how did they get a chemical test to determine you were impaired? I have never heard of a charged DUI that did not originate with an arrest unless it involved a hospitalized patient/suspect. Could you explain?
CdwJava
Moderator
Out here we tend to call that an arrest. If you were released with a notice to appear in court, then you were arrested and cited. If you were just released and told to walk home, I guess it was considered some special type of detention ... not sure how they do things where you are, but that seems odd and fraught with liability.
army judge
Super Moderator
This is simple.
Appear in court, plead not guilty, and ask for a court appointed lawyer.
In the meantime, shut up about this, and wait.
It isn't smart to blab about any of this to anyone but your lawyer.
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