Can I Get My Case Dismissed?
- What reason did the officer have to pull you over?
- Were your constitutional rights violated?
- Did the officer read you your Miranda rights?
Only an experienced Criminal Law Attorney can properly evaluate your situation to figure out if and when a Motion to Suppress the Evidence should be filed.
Your attorney may also object to the complaint that was filed in your case. This is a very technical procedure called a demurrer and it must usually be raised before a plea is entered in your case or the opportunity to get your case dismissed on that basis will be lost. This is why it is best to hire an attorney well in advance of your first court appearance so that you can preserve this issue in your case.
If you would like to know what your chances are to get your case dismissed contact a criminal defense attorney ASAP. Most will offer you a free and confidential consultation.
Underage Drunk Driving
If you were arrested for driving under the influence and you were under the age of twenty-one at the time the laws that apply to you are tougher than if you were twenty-one or older.
It is unlawful for a person under 21 years to drive a vehicle while having a blood alcohol concentration of 0.01% or greater as measured by a preliminary alcohol screening device (PAS). If you are stopped by an officer and he suspects that you have been drinking the officer may lawfully detain you and require you to submit to a PAS test. If you wrongfully refuse to submit to a PAS test your license may be suspended or revoked for a period of one to three years.
In addition to the zero tolerance policy as stated above:
- You risk losing your license for one year without the opportunity to obtain a restricted license for work;
- The judge can require you to visit a trauma center to view injured victims of drunk driving accidents;
- You may be required to attend a drunk driving alcohol education class;
These consequences may be imposed in addition to the consequences you face if you are charged under the regular drunk driving laws.
