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gblkluke · Aug 17, 2015, 07:38 PM

I received a traffic citation for following to closely. After being pulled over for the alleged offense I received a dui. I went to court house contested the traffic citation received a court date now online it says court date was canceled how have I lost my right to contest the traffic citation.

Fr_Chuck · Aug 18, 2015, 01:49 AM

It will depend on what is happening. A DUI or even a following too closely (following too closely is seldom given unless there is an accident).

Perhaps that court date is canceled and rescheduled. Both sides often change court dates. So you also go down to the court house and ask what happen.
If just the following too closely, they may have just dropped that charge and will only take the DUI to court.

Unless you have plead guilty you do not lose a right to a trial.

The DUI, if you do not have an attorney you have almost no chance of winning but will need to hire an attorney who is good at DUI. A DUI will require normally at least a field sobriety test and normally a blood alcohol test at the station. Some of the issues will be training of the officer who did the field testing.

As for the following too closely, if you had an accident, and hit them in the rear of the car, you are guilty,

Oliver2011 · Aug 18, 2015, 07:09 AM

I agree. You need to show the court you are taking the DUI seriously. You need to hire an attorney and go to substance abuse classes, or whatever they are called. If you got tested and failed a breathalyzer test, you have no chance of winning the traffic situation ticket. I would address the DUI seriously.

smoothy · Aug 18, 2015, 11:35 AM

I agree... Having fought nearly every ticket I have ever received in court. I have seen many people (In Virginia) as DUI cases are heard first... handcuffed and hauled straight to jail... even many first offenders. First offense in VA can carry 1 year in prison PLUS the fines and other penalties.

You need a really good lawyer. (meaning this is going to be very expensive). Just to keep from getting the Max penalty many places.

Also....it is up to you to be VERY proactive when it comes to upcoming court dates. A failure to appear is an automatic suspension around here. And in some cases a warrant is issued as well. Again...was there saw and heard these rulings handed down to cases before my own.

Fr_Chuck · Aug 19, 2015, 02:54 AM

I agree, we had one attorney in Atlanta that has won 100 percent of his DUI cases or had them dismissed. I also remember one young man, (I think he watched too much Perry Mason or something) try to defend his-self. We have a very liberal judge, esp on first offense, this man was the first person I ever seen hauled out of the courthouse in handcuffs for DUI (first offense)