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Arrested for DUI and speeding
Hi my bother-in-law who's from Mexico City and was staying here for a couple weeks work related , got arrested over the weekend in Fayette County, WV for a DUI and speeding at 100mph , he was suppose to flight back to Mexico on Thursday. He has a Mexico drivers license and has never lived here before therefor he is not familiar with the driving laws.. He was bail out by his boss and was told can't leave the county until his court date, but his court might take up to a month. Can he ask for some type of permission and come back for his court date? what are the chances that he might get his case dismiss or clear since he is not from here or lives here's at all. Should he get a lawyer? What are his best options ?He's being charge with a felony and a misdemeanor . He's staying at hotel !
Being charged with a felony will require your counsel to file a bond modification request to allow you to travel home....
Hi I'm accused of Misdemeanor and Felony offense of DUI; can I do get a light sentence? police may not had physical evidence
I'm from Mexico city, I just came to WV to have some meetings, I will go hire possible soon by an American Company to remain on WV. I'm suppose to flight back to Mexico for other works before my court, I have 100 percent of my bond so can I flight there, or do I need an permit to leave the state? the magistrate said it was OK, but he did not sign any letter The police stated that I was driving at 103 mph, and having high percentage of alcohol on blood. Having these accusation what can I expect to be the sentence? How that would affect my visa process? Is it possible to decrease the charges of DUI to wet reckless? Does it helps that I'm a foreign citizen? I don't have an American driver license, if I want to get it, what would be the problems? can I drive with an international license even instead
You definitely need to hire a local lawyer to help you. These cases have serious consequences and the sentences are...
What does it mean to be summoned to court for the status of DUI deferral program?
I was convicted of my first DUI two years ago in which I blew the minimum limit .097. I attended the 6 week drug and alcohol class a year ago. I did not have the interlock system installed in my car. Is this the reason for which I am being summoned? Because I was under the impression that I did not have to have the interlock given the circumstances of the situation.
Minimum limit in all 50 states is .08
Can I fight a DUI Suspension that was not turned in as a DUI. The charge was Driving on a suspended 1st offense.
I was stopped and charged with Driving on a Suspended 2nd offences in April of 2015. In August I had a hearing and the charges were dropped to Driving on a Suspended 1st offense. Now three months later, I get a notice from the West Virginia DMV stating that my license will be suspended for 1 year for DUI. While my BAC was .05 which is under the legal BAC of .08 in West Virginia there was not charge for DUI even discussed. I have talked with the arresting officer who also agreed that there was no DUI charge and that it was only driving on a suspended 1st offense that was turned in to the DMV. I attempted to explain to her that the charge was not DUI but she would not listen. I moved to Orlando Florida just after the hearing. I am just at a loss as to what I can do.
Generally speaking, DMV and court aren't the same, that's why you can be charged in one and not the other, for most...
Arrested for a DUI with a negative breathalyzer
I was driving for work (class A truck) and went through a yellow light that turned red. When the officer pulled me over he immediately asked if I had been drinking. Which I denied and explained that I was returning from Michigan. He did a field sobriety test and said I was "wobbly" on one leg which I explained I had been driving 10 hrs. I had a negative breathalyzer and he arrested me anyways, impounded the truck and was held without bond 17 hours. I demanded a blood test. I am now out on PR awaiting trial for a DUI. How is this legal and how do I proceed? What's the likelyhood of this being thrown out and can I counter sue? Since I cannot work until this is cleared up.
When you say the breathalyzer test was negative, what do you mean? Was it 0.0%? Did you give a urine sample for drugs?...
Can a officer refile a charge as a new one or does it has to be the prosecution. The charge appears with 2 different case #.
I had a DUI charge (the whole case was sketchy). .05 BAC, I was parked. I filed a complaint against the officer and he was exonerated. After almost 9 months the case got demised by the prosecution. Two weeks after, the officer, not the prosecution refiled the charges(no new evidence, he said that I violated a plea deal even though they admint that there was no plea deal). His boss sent me an email with the summons(not served since i live in another state). After i refused to go until i was served, the issued an arrest warrant.
If the case was dismissed then jeopardy had not attached (Double jeopardy means you cant be twice charged with the same...
If first time aggravated dui plead down in court to non aggravated will WV DMV reduce requirements to reinstate license?
Case was over a year ago and moved out of state shortly after. Do not plan on moving back to WV but feel I'd have to for the 9 month ignition interlock. If case was plead down in court will DMV hear the case?
Short answer: No. Sincerely, Harley O. Wagner, Esq.
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