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Eguia · May 7, 2012, 03:07 PM

Hello and thank you for your time. I'm currently I'm going to court for a dui case. My question is can I be convicted for found guilty if the police officers can provide any evidence. They don't have any video surveillance of me driving drunk and I did not submit to a breathalyzer.. All they really have is the testimony of the police officer and his partner basically he said he said am I able to be convicted off those terms.

excon · May 7, 2012, 09:51 PM

Originally Posted by Eguia

All they really have is the testimony of the police officer and his partner basically he said he said am I able to be convicted off those terms.

Hello E:

You say they have no evidence, but, a cops testimony IS evidence, and it can convict you.

excon

Eguia · May 8, 2012, 05:47 AM

What if I have a witness that can say that I was in behind the wheel.. he was actually my designated driver.. it's not like I was behind the wheel and a police turn on the lights and pulled me over..

Eguia · May 8, 2012, 05:55 AM

My car was parked @ I was sitting on my hood waiting for my designated driver to come out and give me a ride police pulled up ran my my name and started harassing me and hit me with a dui when it should have been a public intoxication. I wasn't even in my car. And like I said I have a witness that can testify on my behalf

excon · May 8, 2012, 06:03 AM

Hello E:

Bring your witness. I hope you win, but I think you're going to lose.

excon

Fr_Chuck · May 8, 2012, 07:31 AM

It will depend on the laws of your state. As a police officer I convicted dozens of people without any other evidence other than my statements. I was trained to do so, I went to special DUI enforcement schools that taught me the right words to say, and what I needed to have seen.

Most likely he did also.

First by refusing the test, you know you lose your drivers license automatically, by the state. This is the complied consent laws. You agree to take the test when given a drivers license, so when you refuse they suspend the license normally.

After that, in many state, if you were at your car, with the keys in your possession, and drunk, yes they can convict you of DUI. In some states the car has to be running,

So without a very very good attorney, I feel you will be convicted, A great attorney, ( spend about 5000 to 10,000 on one) may get you off, but that is not even 100 percent.

Eguia · May 8, 2012, 07:04 PM

So I went to see my probation officer today and told her that I caught a new case and it was a dui. She told me she would have to violate mean I only have 6 months remaining on my probation. All my restitution paid and all my probation fees are paid what is the maximum time I can get for violating my probation. Do you think the judge will take in consideration I paid 2100 dollars restitution 1100 dollars probation fees. Is there a chance he might reinstate my probation and let me continue the remains 6 months or is it a mandatory jail sentence