Concerns about my DUI lawyer??

[princymelba]

Hi..One of my friend was cited for a DUI (BAC of .104) back in May 2013 while waiting for his girl friend inside of his parked vehicle with the engine turned off. My friend had been stopped by an officer earlier and was being asked to perform the field tests.

My friend's lawyer had told him that we had a stronger than usual case to get the charges dismissed or reduced mainly due to the validity of the stop and suggested that he fulfill all of the requirements prior to the pretrial conference, which he diligently completed. After a couple of weeks went by,his lawyer told him that the prosecution had denied the request for dismissal and showed him an email from his lawyer to the prosecution but with no reply from the prosecution. he also suggests to go to trial and fight the case for which he need to pay an additional $3,500 USD.

When he did a search on the court records almost four weeks later, he found no evidence that his lawyer had filed a request for dismissal and when he called the city he was told that such request should have been shown on the case summary page.

My friend is confused and he is really concerned that he not being adequately represented and that he lied about the request for dismissal of the charges. I would appreciate any feedback you can provide. Thank you.

 

[CdwJava]

First off, what state is this in?

Second, if your friend does not like what his attorney is telling him or does not trust him he can retain new counsel.

Third, it's no surprise that the DA might not agree to drop the case since with a .104 why should he?

A request to the DA to drop a prosecution need not be filed in the form of a motion, it merely needs to be asked of the DA. Now, if the attorney had moved to get the results dismissed by challenging the reasonable suspicion for the detention or the probable cause for the arest, THAT motion should be part of any official court record. Keep in mind that "the city" would not likely have any record of these actions, but the court would (if the motions occurred).

It may be less a matter of an untrustworthy attorney and more an issue of your friend not understanding what is going on. Perhaps he should ask better questions of his attorney.

 

[Ohiogal]

Fourth, you shouldn't be posting your buddy's guilt all over the internet for everyone to see as this is NOT legally your business.

 

[swalsh411]

Was he in the drivers seat? Did he have the keys? Were the keys in the ignition?

Generally, if you are not sitting in the drivers seat and either do not have the keys or they are not immediately accessible (like in the glove box or trunk, but not in your pocket) then you were not in control of the vehicle and can use that as a defense again a DUI charge.

I've always heard that if you have to sleep it off in your car, put the keys away somewhere and sleep in the back seat and you should be ok.

 

[Mass_Shyster]

Generally, if you are not sitting in the drivers seat and either do not have the keys or they are not immediately accessible (like in the glove box or trunk, but not in your pocket) then you were not in control of the vehicle and can use that as a defense again a DUI charge.

Generally, that is very state specific.

 

[swalsh411]

Generally, that is very state specific.

In what State could somebody get a DUI asleep in the back seat with the keys in the trunk?

 

[CdwJava]

In what State could somebody get a DUI asleep in the back seat with the keys in the trunk?

There might be some state where this could be considered DUI. That is why the state is necessary as the law can be looked up. I doubt that anyone here knows the case law for what is considered "driving" as it applies to DUI for all 50 states.

Of course, the OP never mentioned that anyone was in the back seat, so we need to know the state to find out whether or not a person in the driver's seat with the engine off can be considered DUI.

 

[tranquility]

There might be some state where this could be considered DUI. That is why the state is necessary as the law can be looked up. I doubt that anyone here knows the case law for what is considered "driving" as it applies to DUI for all 50 states.

Of course, the OP never mentioned that anyone was in the back seat, so we need to know the state to find out whether or not a person in the driver's seat with the engine off can be considered DUI.

Even in the states with a "physical control" standard, I don't think there has been any where the keys were in the trunk. But, since the criteria is not "hard to get to" and designed to prevent an intoxicated person from even forming the intent to drive, I don't think there is a universal standard as to where the keys can be to be safe other than in the control of another person.

 

[CdwJava]

I agree.

I have read some pretty odd (by my way of thinking) interpretations of what constitutes a driver for DUI in some states so I'd really like to know.

 

[princymelba]

Fourth, you shouldn't be posting your buddy's guilt all over the internet for everyone to see as this is NOT legally your business.

He was just asking me to advice him about his case.. I thought I could share this in this forum to get good advice because here many expertise are there to give me suggestions..

 

[Ohiogal]

Even in the states with a "physical control" standard, I don't think there has been any where the keys were in the trunk. But, since the criteria is not "hard to get to" and designed to prevent an intoxicated person from even forming the intent to drive, I don't think there is a universal standard as to where the keys can be to be safe other than in the control of another person.

What if the car is a keyless start and if the key is ANYWHERE in the car (including the trunk) the car will start? So yeah, it is possible.

 

[Mass_Shyster]

What if the car is a keyless start and if the key is ANYWHERE in the car (including the trunk) the car will start? So yeah, it is possible.

What if it's my old 1964 Pontiac with a popped ignition that will start with a screwdriver?

What if he was kidnapped and tied up in the car and being held for random?

What if aliens transported alcohol into his blood?


OP has not disclosed the location of the keys. This is all conjecture.

 

[Ohiogal]

What if it's my old 1964 Pontiac with a popped ignition that will start with a screwdriver?

What if he was kidnapped and tied up in the car and being held for random?

What if aliens transported alcohol into his blood?


OP has not disclosed the location of the keys. This is all conjecture.

OP isn't even the one facing DUI or has a DUI lawyer -- he lied in this thread title.

 

[Mass_Shyster]

OP isn't even the one facing DUI or has a DUI lawyer -- he lied in this thread title.

I suspect he lied in the body of the message.