hello sirs:
ive got a few basic questions about the law. my fiance was arrested for a misdemeanor DUI in July of 2005. The ticket included charges for 1)running a red light 2) driving on a suspended license 3)no insurance 4) dui
all of the charges were dropped; 5 months later, the misdemeanor dui aws upgraded to a felony bcuz the state "discovered" that he didn't have license at the time of arrest. in the police report, he told officer his license was suspended; this was not a new discovery. however, they indicted him due to the true bill found. let me ask you, CAN THE STATE PROVE THAT HE WAS DRIVING? ALL THOSE DRIVING MISDEMEANORS WERE DISMISSED BACK IN '05. THERE WAS A PASSENGER IN HIS TRUCK, WATERMELONS WERE STACKED IN THE BED OF THE LIMO TINTED TRUCK. HOW COULD THEY PROVE HE WAS DRIVING? admission, without more, is not reason enough to convict of driving under the influence.
*no blood test was done, only breath test
*i requested cop car video or booking tape- station says there was none recorded.
*ITS LEGAL TO DISMISS THOSE CHARGES, BUT UPGRADE TO FELONY WITHOUT CONVICTION OF DRIVING ON SUSPENDED LICENSE?

*we appreciate any info, or atleast the basic question answered of how the state could, on paper, prove he was driving, in trial.

he is incarcerated, me and his children are almost in need of food; he provided everything for us.
he is not being represented by a lawyer; if you know of one who could get this thrown out for a couple grand, please leave that info too