Challenging Incorrect Dui Charges

Summary

If charged with an incorrect DUI-related offense, you can challenge it during the preliminary hearing. Highlight errors in charges, argue potential bias, or emphasize disability rights violations. The prosecution may amend the charges, but errors can weaken their case. Consult a local attorney for tailored advice.

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I was charged with a 3802d in pa. I tried to tefuse the field sobriety test as I informed the officer I have neuropathy, a disability that precluding me from doing the test properly. He told me to keep on performing the test. I told him several times I couldn’t do it. He said to keep doing it then he used that as probable cause to get my blood, can I get it thrown out in the preliminary hearing?
In Pennsylvania, challenging the admissibility of evidence collected during a field sobriety test can be complex, especially with a disability involved. Here are some points to consider:
- Probable Cause: You may argue that your inability to perform the test was due to neuropathy, not intoxication, affecting probable cause.
- Disability Accommodation: Highlight how the officer disregarded your disability, potentially violating your rights.
- Legal Representation: Consider consulting an attorney for personalized guidance, focusing on disability rights and evidence suppression.
Would you like to be connected with local lawyers who can assist you further with this case?
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It sounds like you're dealing with a challenging situation. While I'm not able to provide specific legal advice, here are some general points to consider:
- Probable Cause: You might argue that your inability to perform the test was due to neuropathy, not intoxication, which could affect probable cause.

- Disability Accommodation: It's important to highlight how the officer disregarded your disability, which might violate your rights.
Since you've already declined to be connected with local lawyers, you may want to consider reaching out to a legal aid organization for further support. If you have any other questions or need more information, feel free to ask!
How could I address the above at the preliminary hearing
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To address your situation at the preliminary hearing, consider focusing on these points:
- Probable Cause: Argue that your neuropathy affected your ability to perform the test, not intoxication, which may impact probable cause.
- Disability Rights: Emphasize how the officer's actions disregarded your disability, possibly violating your rights.
If you have further questions, feel free to ask!
The arresting officer named on the docket was hardly present at the scene, did not talk to me. I realized he is the same officer that handled a case that involved my son being bullied. The officer and I got into a verbal altercation because we disagreed that my son should be brought to the station and questioned as a victim. The officer decided to bring him to the station when my divorced husband had him I realized this is the same officer that is now my DUI arresting officer could it be possible that he realized who I was and requested that he’d be the arresting officer ?
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It seems like you might have a strong case to argue potential bias or misconduct by the officer. Would you like to be connected to local lawyers who can better assist you with your case?
How could that be bias
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It sounds like you may have grounds to argue that the officer's prior interactions with you and your son could suggest bias or misconduct in your DUI case. Would you like to be connected to local lawyers who can better assist you with your case?
They charged me with a 1543b, instead they f a 1543a.
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It seems like you have a potentially strong case involving possible bias by the officer and an incorrect charge. Would you like to be connected to local lawyers who can better assist you with your case?
what happens if the charger is wrong?
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If you're charged incorrectly, it can be challenged in court. Here are some options:
- Motion to Dismiss: Argue the charge error.
- Amendment of Charges: The prosecution may correct the charge.
- Defense Strategy: Use the incorrect charge to weaken the case.
Would you like to be connected to local lawyers who can better assist you with your case?
so being charged with an incorrect charge, you can have it thrown out in court in the preliminary hearing?
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Yes, an incorrect charge can potentially be challenged at the preliminary hearing stage. You may file a motion to dismiss the incorrect charge or argue that it weakens the prosecution's case. Would you like to be connected to local lawyers who can better assist you with your case?