This charge was in Mississippi. Supposedly a .08 breath reading. Continued twice before the final outcome yesterday. At court appearance 2 months ago the arresting highway patrol officer was a no-show and the county jail failed to produce the subpoenaed breath machine records that show both maintenance history and exactly how the officer performed the test that night. As per my attorney the test was not conducted properly because I was made to blow into the device multiple times only 2 or 3 minutes apart. The judge refused to dismiss the case and gave another 2 month continuance.
Yesterday the officer again was a no-show and still no machine records. My attorney calls me outside and states "this is about to be dismissed." He said I would have to pay court costs of $265 and attend one 3 hour class. He keeps all paperwork from the court except my receipt from the clerks office for the $265. Last night I take a closer look at the receipt and it states the $265 is a FINE for "DUI - 1st Conviction"!!!
I just left a message with my attorney to call me and explain this. I never agreed to accept any type of a conviction and the lawyer had earlier indicated that we would appeal for a jury trial if I was convicted of DUI. This better be some type of mistake but I fear this lawyer just conspired with the prosecution to fool me into accepting a conviction. If that is the case what are my options?