Is it possible to drop DUI charges due to lack of evidence?
I was recently given a DUI for being present in a car in which there was alcohol present. I believe that the car was searched illegally because the driver denied the officer consent to search the vehicle and alcohol was not in plain sight. Should I plead not guilty because I was not drinking alcohol? Is there a way to have the charges dropped entirely because the car was searched illegally?
Answered By: The Law Office of Justin C. Olsinski
You should never plead guilty without consulting an attorney first, so yes plead not guilty. I am not sure on your facts how they would convict you of DWI if you were not driving, but all of the search issues as well as the elements of the case have to be looked at by an attorney. If you think you have a good case, get an attorney and they can hopefully get the search suppressed and get the charges dropped.
Answer Applies to: North Carolina
Replied: 9/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: North Carolina
Replied: 9/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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