Averill Park Crime

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Averill Park Law

I feel I was misrepresented by my lawyer, and forced to plea.. The original charge was DWI, cell phone, and speeding. The plea agreement is DWAI, interlock breathalyzer installation for 6 mos, the Impact classes, and lose license for an additional 3 mos.. I wasn't on my phone, have proof of that, I wasn't speeding, and I literally had 1 drink. The breathalyzer at field sobriety had no batteries in it, I was arrested anyway.. I worked from 2pm-12:30 am, and got arrested at 1:38am.. There are a lot of inconsistencies throughout arrest mostly based on probable cause.. I feel like my hired lawyer was capricious, and unprepared at all times, and I was improperly represented.. I have not been sentenced yet 2 years later, and I feel I have been "painted in a corner"...
If you file and win a 440 motion the case goes back to where it was before you took the plea. The DWI would be re-instated.
Charged with: DWAI drugs, leaving the scene of accident, open container, consumption of alcohol in motor vehicle, failure to stay in lane, and refusal to take breath test. I did take the breath test about 3 hours later when offered a 2nd time at the station and came to 0.0%. Given physical tests, which claimed I was under the influence of opiates. I am 18 years old and this is my first run-in like this...What is my likely outcome?
There are too many variables to answer this question here. You have to play this out.
My court day was adjourned until august 20. Its my 1st time being involved in anything with the law. I do plan on hiring a dwi attorney. Does this work in my favor?
Don't read anything into the Judge's decision other than what you have reported. He didn't have the paperwork and...
i was charged with 2 dwi's (3 weeks apart of each other)(BAC .19 and BAC .17) in 2007 in NC. I had spent a mandatory 72 hours in jail. I failed to appear for both court dates and now live in another state.
You should promptly contact a North Carolina DUI Attorney and pose this question to that attorney. Use the Avvo find a...
Witnesses are giving wildly conflicting stories. Other party (defendant) w/$100k hired shadow lawyer. My lawyer thinks if we drop punitive damages, shadow will have to switch to pushing her ins to settle the $100, so we don't go for excess verdict against her. Then we can move onto my SUM for more. My lawyer says settlement for 100k will include claim for SUM not to pursue her. No fault 50k is spent, & injuries more than 100k. She had low ins, but a successful business & may have money. Any thoughts at all? I don't want to leap on what's suggested, without seeing if there are other approached possible. Please answer hypothetically if you prefer, since there's no way for you to have all the info. Thanks so much for any thoughts.
Your case is fact intensive and nuanced. Any advice you get on a forum like Avvo is cursory and speculative. Sit down...
My cousin is in a trial where blood alcohol content is being argued. Da only has a breath test 2 hours after accident. No blood test. Witnesses at the scene saw NO signs of alcohol/intoxication. What is the difference between a forensic toxicologist and a medical toxicologist. Why would the DA be doing this?
Usually a forensic toxicologist is used
Car was driving at a high rate of speed down a town road. My car was eventually seen and followed, at a turn. Short time after (about a minute maybe 2) police found my car parked in front of someone's house. Myself and 3 other people were outside in the yard, the police asked who was driving the car. Everyone stated not me, then they asked who owned the car in which I admitted to. I was then arrested for DUI after a field sobriety. On the police report officer stated that the keys were in the ignition of the car, when they were thrown in the backseat after parking the car. I was never seen in operation of this vehicle, they tried to tell me I was after it was very clear when they pulled up to the house that they had no idea who was in operation of the vehicle.
The police have no case - absolutely no case. I would have this case dismissed on motion. 1-877-99-NO-TIX (1-877-996-6849)