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The court order from a DUI sentencing has a completely wrong date and time of when the DUI arrest occurre? Sentence still stands
The DUI arrest occurred in April, 2014, The Court Order listed the date of June 1. Does this need to be corrected? Can it serve as a basis for post sentencing motion to reconsider sentence?
I can't see how a potential error in the date could result in reconsidering the sentence, however, you should probably...
I have an upcoming trial for a DUI offense. I have previously been offered a careless driving plea bargain, but think I can win at trial. Somebody advised me that if I didn't accept the plea bargain for careless, the prosecution can always add it at trial ; meaning that the jury will have to decide if I am innocent, guilty of a DUI, or responsible of careless driving. Is this true? Legal? Anything I can do to avoid this? I have a strong case, but I don't want a jury to avoid a true decision by splitting the baby and finding me responsible for careless.
Possible? Yes, I suppose so. Athough I've never heard of it. You could avoid it by admitting responsibility or take the...
What does this mean? DEFTS MOTION TO QUASH THE FELONY INFORMATION & DISMISS THE COMPLAINT & WARRANT W/ EXHIBITS
this persons charges are: 257.6257A1 OPERAT-WHILE INTOXICATED-OCCUPANT UND 16 (MISDEMEANOR) 750.81D1 POLICE OFFICER-ASSLT/RESIST/OBSTRUCTING (FELONY)
It means they are seeking to have the charges dismissed for reasons which will be stated in the documents.
In February 2011 I was convicted of my first offense - OWVI. Why am I not allowed to enroll in certain programs in college?
During the summer of 2010, I ended up being pulled over for the first time and blew right at the legal limit. I plead guilty and was convicted in February 2011. Why is it that I am not allowed to enroll in certain programs such as Medical because I have a misdemeanor? I have tried to have this expunged but I was told I had to wait a minimum of 5 years before they even consider it. Is the school allowed to deny my admission to a program because of this? I was told I could not enroll in any of their medical programs if I have a misdemeanor, but this is not a criminal offense is it?
Yes it is a misdemeanor and no it cannot be expunged. They are specifically exempted from the law of expungement. I...
The thing is I haven't smoked since before the first test. How is this possible and what should I do. I got on probation for possession of marijuana for 6 months. Should I contact my probation officer.
I would strongly suggest that you engage an attorney, bring copies of both of the tests and explain all of the...
I have been on a 1 year reporting probation from an OWI and had 2 weeks to go. I decided to go out for a few beers and after pulling up to a friends house my girlfriend and I opened a beer each and took a few sips before going in. Well an officer drove by right at that time and I got an open intox ticket and blew a .013. This ticket was issued in a different county and I will not be formally charged until after my probation period ends. Will this still show up with my probation officer?
Yes, the probation officers monitor the arrest records.
I was arrested over 2 years ago for a DUI. There were some unusual circumstances to my case, and I believe I have a strong chance of winning at trial. The breathalyzer and much other evidence, including all of my statements suppressed. My attorney recently withdrew from my case because the prosecution offered me a plea bargain of a careless driving, and I wanted to take the case to trial. At this point, would it be advisable to hire a public defender vs. a private attorney? I already paid the first attorney to represent me and I am having a hard time finding an affordable lawyer willing to pick up a case right before trial. Would the public defender do well at trial or just push me to take the careless (which I would consider but am reluctant to do.)
I can tell you this much, any attorney whether an overworked public defender, and experienced DUI attorney, or a novice...
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