Pittsburgh, PA asked in Criminal Law and DUI / DWI for Pennsylvania

Q: can I fight a pending DUI that the police didn't observe me driving and don't know when I ingested the drugs?

I wasn't in the car, the keys weren't in the car, the car wasn't even warm when they got there about an hour after the call was made. I consented to the blood test.

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4 Lawyer Answers
Mr. Ryan L Hyde
Mr. Ryan L Hyde
PREMIUM
Answered
  • Criminal Law Lawyer
  • Exton , PA
  • Licensed in Pennsylvania

A: Can you fight it? Sure. PA has a pretty tough DUI law. However, they do have to prove that you were under the influence when you were driving. Their observations are unimportant as if they can say you were impaired when you driving through third party testimony they can still convict you. There are ways of doing that but it is still a triable case. You should consult with a local experienced DUI attorney. They will have more experience in these types of defenses and trial experience matters. The presentation of evidence can be the difference in a win or a loss in this type of case. You have a good defense, hire an expert to present it for the best outcome.

Jonathon Luff
Jonathon Luff
Answered
  • Criminal Law Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: Yes you can fight this. But you need an experienced attorney who has done this before. You should contact a lawyer right away

Steven Pacillio
Steven Pacillio
Answered
  • Criminal Law Lawyer
  • Media, PA
  • Licensed in Pennsylvania

A: You can fight any case. The likelihood of success varies based on the evidence available. You should promptly consult an experienced criminal defense attorney to review and evaluate your case. There are many factors to consider. For example: the police don't have to see you drive, it could be another witness or circumstantial evidence used against you. An experienced defense attorney who has taken DUI cases to trial will know where to look for favorable evidence and how to prepare to combat harmful evidence. I wish you the best in dealing with your case.

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: They have to have a reason for having come to you. You may have admitted to them you were driving? Something is missing here, but if it's DUI you don't want to mess around--at least get an in person consult with an attorney who handles DUI's or criminal violations in that county.

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