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State says they had probable cause to draw blood based on the hgn (eye) test but Swim only had one functional eye since the other eye was severely injured in an eye patch with head trauma. Not to mention the new Supreme Court ruling where a warrant was needed to draw blood, none was obtained. Swim immediately went to the hospital the and doctors never tested for drugs or alcohol for diagnostics. All responders cops paramedics and medical personal never smelled an Odor of alcohol but the cop said swim verbally consented who was falling in and out of consciousness and would never consent to a blood search. Why is the just state and pressing so hard to make this admissible in court after 3 years? And do they have a chance even if Swim never signed a consent for blood to be drawn?
I'm somewhat unsure of what you are asking. Does this involve a homicide? Was the accident three years ago? Is there...
I was pulled over for speeding and was charged with a DUI. I refused to blow at the scene but blew a .078 and then a .081 at the station. When i left the police station i received two tickets, one for a DUI and one for a DUI Bal. No speeding ticket was given to me but when i go online there is a ticket stating i was speeding. I am just wondering if i need to hire an attorney or if the public defender would be able to fight this for me.
No, that is not grounds for a dismissal because the State can amend its charging document until the jury is seated....
a cop with no evidence other than his own testimony detailed a report of 5 failed FSTs during a dui stop. of which 3 were standard (Walk and turn, Horizontal Gaze Nystagmus, and Walk an turn) and the use of the extra 2 Romberg tilt test, and the finger to nose. The report states that all 5 of the tests were failed based on a number of varying queues. Does the use of the additional 2 tests aid in any kind of defense that could be attacked or challenged? Does each county have its own admissible acceptable uses for non-standard FSTs per NHTSA?
The fact that a LEO administered more than 3 tests can cut both ways either he was looking for confirmation of being...
How do I know what questions to ask when interviewing DUI attorney's. My son just got a DUI. Blew a .291. Got another citation and the CRASH box is checked on that ticket with $500.00 marked in the box. The police kept him in jail for 8 hours, no bond. What should I be asking? I need this to go away. I'm terrified of all the repercussions and all the fees - we don't have this kind of money. I'm so worried about his future with this on his license. Thank you all in advance and thank you for this terrific website!
Hi, Please see the link below to check out the my guide about how to avoid a DUI conviction in Palm Beach County....
I declined the breathalyzer test out of fear, and am being charged with a DUI, I don't want to ruin my life, especially this early, I don't have much money to pay a good lawyer to fight for me, and the back on track program seems to be the only option. I'm only 17, this was the biggest mistake of my life but I don't want it to ruin the rest of my life, I realize how badly I messed up.
BOT! It's a no brainier!
2nd DUI in 5 yrs/fl very little evidence other than affidavit and officer testimony, no offer from the state to reduce.
I was pulled over for 2nd DUI in 5 years. the state is offering mandatory minimums. here are some details discovery showed no dashcam video/audio, just an (inaccurate) report of failing pretty much every FST I refused a breath test and didn't blow report says I was weaving, speeding (estimated, no radar gun) and driving with my hazards which I explained was because just minutes prior I had to replace my tire on the side of the road. I have 2 witnesses that can account for 4 hours of me not drinking, though I admitted to having a couple hours earlier in the say for my birthday. does this seem acquittable by jury trial?it appears to be my only option as I'm in school and a conviction would be detrimental
Retain counsel. A conviction will follow you forever.
could this hold up as probable cause for a pullover that resulted in a dui? not maintaining a single lane and traveling with hazards,weaving and drifting. The amount of time spent following was < 2 mi but was also not specified in the report. There is no other remarks made about the time spent observing the vehicle, nor is there footage of any aspect of the pullover. Is there grounds for a suppression here ?
Retain an experienced attorney who handles DUI matters. Suppression hearings are not for amateurs.
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