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DUI: will it be tossed out?

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The Story:
A little over a year ago I was stopped for running a red light in Tampa, FL. I was under the influence of drugs. I was given field sobriety tests was arrested for DUI. I was taken to the police station to give a urine sample. When that was not possible, i was taken to the hopsital for blood tests. I was arrested at 4am and released from the hospital by 6:30-7am. Before leaving the hospital i was given a ticket for running a red light , but none for DUI. I retrieved my car within that hour and went home.

The Problem:

A few days ago I received a letter from the DMV stating that my license is being suspended for failure to appear in court. I contacted them and found out it was for a DUI. The thing is, they had the wrong last name on the case ("Fields" and mine being slightly different) but they had the correct description of me and my car. Now, i never got a ticket for DUI when i left the hopspital, therefore i never signed one. I was not held for the mandatory 8 hrs or so. Seeing as how they didnt folow certain procedures, would this get thrown out of court?

Thanx in advance



Interesting, did you pay the fine for the ticket? If so then you better have a cancelled check to prove it...If not then that was the failure to pay the fine or appear in court!

But you are saying its for the DUI, where is the ticket? get a copy and find out why the officer didnt serve it on you?

You should hire a lawyer, because yes it is a mixup, but if they never charged you with dui, and cant find the results or the blood sample, you could get lucky.

Also with the correct description of the car where is the car registered? do you still live there? what about your license? what address is on it?

If it is your correct address, then you have a case to investigate.....if it is some old address and maybe you didnt put a change of address in with the post office, let alone change your address with motor vehicles...

Then it looks like you were trying to avoid being caught....

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