I was arrested and charged with a DUI in the state of Illinois. Apparently, 2 people called the cops and stated I "smashed into 2 cars" (their GIGANTIC truck included) in the parking lot of a bar. I was not in my vehicle (sitting or driving) at the time of the "incident" or when police arrived. The police walked around my car with a flashlight asking "what are these marks"? Well, I have a 2000 Chevy Malibu...old car, old marks...nothing indicating that I "smashed" into anything. Two days before this incident a friend side-swiped my driver's side door with his Work Van (and was going to fix it in the morning). That is the ONLY reason I could see they.d think I did something. Anyway, the cops didn.t even ask me any questions, check me for being intoxicated...they did nothing but say, "put your hands behind your back". I turned to the officer and exclaimed, "WHAT"??? Then was violently arrested. They refused to say anything to me until we got to the station. Said I was being charged with DUI and resisting arrest. I was then asked to "blow", but was always told "NEVER BLOW", so I said, "no thank you". I had 2 and a half beers within an HOUR. Had I known what I know now (license will automatically be suspended) I would have blown in a heartbeat. A bit later they asked if "anyone was around that could take my car so it wasn.t sitting in the parking lot overnight". I said no (I was alone). Five minutes later they said my car was being impounded because they found 2 marijuana pipes. Why did they state I could have someone get my car in the first place? I would have called my parents (had to 2 hours later...4am, anyway). Basically, I am asking what type of case I seem to have. I feel there are A LOT of holes in this story...I also feel I was set-up because I wasn.t in my car and don't know who the guys were that called on me...and WHY. So confused. I. a laid off, single mother with priorities...not a dummy. HELP
2 Answers from Attorneys
You may be able to file a motion to dismiss, need some additional questions answered though... Please feel free to call us and discuss 8007939859
You definitely need to hire the best attorney you can afford. Based upon the facts that you give, it would appear that you have a chance to defeat at least the DUI and related charges. A Constitutional challenge to the search and seizure may also have a chance. In any event, if you are facing these charges in a jurisdiction where I regularly practice, I might be able to offer my legal services to ypu gor a reasonable fee. I have handled hundreds of criminal cases, including many serious feloney cases, thoughout the thirty-four years I have been practicing law. Please feel free to contact me.
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