Technicality
I recently received a ticked for DUI but refused the Breath test or any test asked to take. I was not given any test at the time of the incident (follow the pen, walk a straight line etc. ) Upon release from jail I realized I had not been asked to sign my ticket. In the signature space the words ''IN JAIL'' were written by the arresting officer. Is this a possible technicality issue? I have three other witnesses who will testify that I wasn't drunk..They were charged with public intoxication although we were in a rual country area and all three were asked or screamed at to get out of the truck and lay on the ground spread eagle like some COP show reinactment..Thanks for any information
1 Answer from Attorneys
Re: Technicality
You were arrested so you did not have to sign the ticket. When you sign a ticket it is the same as posting a personal recognizance bond.
If you did not take any tests it may be difficult for the officer to make a case for DUI. It also depends on your age (it is .02 for under 21 and .08 for over 21). Obviously, the facts surrounding your case will give the Judge information to determine whether to find you guilty or not. If it is your first DUI, DO NOT SIMPLY PLEAD GUILTY IF YOU THINK YOU CAN WIN YOUR CASE. If you ever get a DUI in the future many courts will pull your driving/criminal history and see a conviction and assume you were DUI again. Get a lawyer.
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