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DUI ticket, no arrest, dmv hearing dismissed

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andreams4u

Junior Member
What is the name of your state (only U.S. law)? Kansas

I was in an accident 04/22/10, taken to hospital, police left. The "nurse" suspected I had been drinking and called the Sheriff back to hospital, where i had to sign an implied consent form for them to take my blood. I was never arrested, read rights, I just received a ticket in the mail 2 months later, charged with DUI 5.5mo after accident. Driver's liscence hearing was dismissed because officer's were a no show. I need to enter a plea next week, but I want to fight this. There were other circumstances other than alcohol that caused the accident. Are the consequences harsher if you plead not guilty and lose, versus, pleading no contest and expediting the sentencing? it seems all the court appointed attorneys and prosecutors want to do is get you to plea out so they can collect your money. is it worth fighting for?
 


FlyingRon

Senior Member
The prosecutors are not there to act in your interest.
A court appointed attorney is provided for those who are indigent and can't afford to pay for counsel.
Reading your rights was not required.
What caused the accident is largely immaterial.

If you want to "fight it" you must enter a plea of not guilty.
You will want to have a lawyer look at your case and see if a plea bargain is in your best interest.
 

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