Can dui charges be dropped at arraignment?

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Customer: can dui charges be dropped at arraignment?
Answered by Daniel Luneau in 1 min 7 months ago
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Daniel Luneau
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Daniel Luneau
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Daniel Luneau
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Daniel Luneau, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I will be the expert ready to answer your questions to the best of my ability and with top-quality service. I’m sorry to hear you are having these problems with your legal issue, and I know that can be frustrating. Hopefully, this can be resolved quickly.

Are you wanting to know if that is possible?

Customer
Hi
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Daniel Luneau, Expert

Thank you for that information. Please allow me a moment to write your answer.

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Daniel Luneau, Expert

So that is possible, but is it rare. That usually happens when there is a test below the limit, the evidence is very weak, or there is some type of strong legal issue. For example, is there was not probable cause for an arrest, or a proper basis for a traffic stop. Btu short of that being the issue, usually those are not dropped at the arraignment. You best move is to have an attorney represent you. That will give you the best chance of success.

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Daniel Luneau, Expert

Does that make sense? Did you have any additional concerns or need me to clarify anything related to this?

Customer
trooper arrested me after breathalyzer showed 0, i have negative drug tests results from the lab
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Daniel Luneau, Expert

So if they belive there are drugs involved, they could still prosecute.

Customer
but i have negative drug tests results from the lab
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Daniel Luneau, Expert

So they could think that it was a drug that was not tested for. They may submit it for retesting. But I cannot say for sure. They might dismiss it, but it will depend on the evidence they have, such as video adn witnesses.

Customer
no, witnesses, just policeman and trooper, no video
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Daniel Luneau, Expert

The report will matter to the prosecutor. I hope it gets dismissed, but there are no guarantees. If they refuse to dismissed, you should get a lawyer if you do not already have one.

Customer
can they dismiss it at arraignment?
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Daniel Luneau, Expert

They can, but do not have to.

Customer
can they dismiss it based on my lab test and drug tests done by social services?
Customer
even if their blood test result is not ready?
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Daniel Luneau, Expert

A prosecution can dismiss it any time. But if the blood test is not ready, then they woudl likely wait for it.

Customer
trooper didnt do field test, so whats his probable cause for arrest? just false statements that i drove erratically?
Customer
he gave me dui citation at 4.45, then asked me to drive to a parking lot where he gave me breathalyzer at 6, is it normal?
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Daniel Luneau, Expert

I would not be able to say here where there’s probable or not. But if a trooper documented signs of intoxication that could be a basis for probable cause. Generally speaking test are done within two hours of the time of driving. But it’s jurisdiction can be a little bit different. I suggest you hire a local attorney for this.
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Daniel Luneau, Expert

Each jurisdiction can be a little bit different is what I meant to say.

Customer
what will happen if my lab test will contradict to blood test?
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Daniel Luneau, Expert

So I’m happy to answer these additional questions that are beyond the scope of your original question. There’s an option on your screen to continue. I’m happy to help. Do you want to proceed?

Customer
no, thanks
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Daniel Luneau, Expert

You’re welcome! You also have the option of posting new questions on the main thread. Anytime you have a question, we are happy to help. Have a good night.

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Daniel Luneau, Expert

And the test that would matter is the test that the police officers had you take generally speaking. Unless you had something to contradict it.

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