I was issued a dwi in the beginning of June and given an invalid form upon my arrest. How do I argue that defense in court?
3 Answers from Attorneys
Hello. Your attorney will thoughtfully prepare all arguments for the court. Of course, your attorney will want to view this 'invalid form' you reference. This website provides general information and general principles of law and does not provide private legal advice. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
Tricia Dwyer, Esq.
PROBATION VIOLATION LAW
CRIMINAL JUSTICE RESTOR. GROUP. CONF. FACILITATOR
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That doesn't provide much to go on (the question doesn't). In any event, you will need an experienced DWI defense lawyer to help you do so. And do hurry, since you have only 30 days to file a court challenge to the administrative drivers-license revocation.
You must have your case reviewed by an experienced DWI lawyer. Certainly, your post is a bit vague making it difficult to formulate any specific response. However, if the probable case for the case was lacking, you may file a Motion seeking a dismissal. I am not sure what "form" you refer to or how it may affect your case, but, be aware that even if the case is dismissed on a technicality, t may often be dismissed without prejudice, meaning that it is simply refiled.
As noted, there is also a separate civil case related to your license revocation. You must file a Petition for judicial review within 30 days of receipt of the license revocation to challenge. If you do not do so, an Implied Consent will appear on your record and your license with be revoked even if you prevail on the criminal case.
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