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Can I get DUI or summons to court after Cop let me go & did not do sobriety test or Breath test? or written citation
I was sitting in car after bar closed with a friend listening to music very loud- I was tipsy. The car was in parked position. my friend was in passenger seat- Cop pulled behind car and question me drinking - I admitted to drinking as I didn't want to lie he took both of our drivers liscenced back to car- had me get out of car talked to me told me it was wrong to be sitting in car even if im not driving. He did not do breath test OR any sobriety testing. I did NOT refuse tests- the cop simply did not do them. He did not give me a written warning but told me to find a ride to take me home. he gave our liscence back . Can I still get summoned to court I am SO scared.
You CAN, but it's almost guaranteed that you won't. Without FST's, a breath test or an observation of the vehicle...
I was sitting in my car after the bar closed with a friend I was definitely tipsy ; listening to music. with the car on . but not moving. cops pulled behind looked at our liscence in his car but gave them back. Had me step out of the car - sternly talked to me about my drinking and if I should be driving home I said I probably shouldn be . he never did breath test, sobriety testing or ANYTHING and didn't give me a citation or any paperwork at all. I am still worried I could get charged. I call the police office told her I got pulled over by a bar to look me up she told me if I didn't get ticketed there I wasn't going to get anything mailed to me either this was in Brunswick ohio . she didn't look my name up though ; should I stop worrying? im afraid to be summons to court
It sounds like you're in the clear. Be more careful next time and get a cab!
Can a person with a CDL convicted of a DUI still get some sort of ID without it affecting the satus of the CDL?
His liscence through the court was suspended for 6mo and his CDL was suspended for a yr. He was told if he got an ID it would void the CDL and he would have to take the test again
Yes, you can obtain a "temporary ID" through the Ohio BMV. If you ask for a "State" ID it will cancel your license and...
Double Jeopardy?? My reasoning is based on single criminal episode. "The order of dismissal concludes that in pleading to the civil traffic infraction, Knowles admitted an essential fact necessary for proof of the DUI charge: that Knowles was in control of the vehicle for both offenses. Thus, Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990) bars the subsequent criminal prosecution. The order notes that characterization of the two proceedings as civil or criminal is not a determinative factor for purposes of double jeopardy analysis. See United States v. Halper, 490 U.S. 435, 109 S.Ct. 1892, 104 L.Ed.2d 487 (1989)."
No, pleading to a seat belt violation does not in any possible way bar a subsequent prosecution for OVI.
I was in an accident five months ago. I told the officer I had been drinking six hours before the accident. The officer had my blood drawn and just recently charged me with serious injury while under the influence. The tests came back as .137 and I don't see how this can be possible. All the online BAC calculators show that I would have had to drink a lot more to be at that level six hours later. Why would the officer wait 5 months to charge me and are the tests legal if I had an IV in my arm during the test?
A blood draw is going to be more accurate than an online calculator.
Can I sue a drunk driver who sideswiped my car in a parking lot, did not injure me, but has no insurance and is under suspension
I pulled into a bar parking lot in a space, and a drunk driver backed out after I was stationary. It scraped the car and caused damage. The man did not have insurance, was driving under suspension and was arrested for being intoxicated. The police said they could not direct fault or do anything since it was private parking. I was not injured, but not my car is damaged. What can I do?
You can always sue the other driver, but how will you require, as he does not have insurance, unless he has private...
Several motorists reported my Dad driving his truck erratically. He pulled in a rest area and passed out. A trooper found him and woke him up. He refused a breathalyzer and was transported to the station. He could not urinate after several bottles of water and was released to my Mom a few hours later. She took him straight to the ER where he was found to be in Septic Shock from a blood infection. He has been in the ICU for over a week now. His court date was yesterday. On the advice of a Lawyer the Hospital faxed over medical records showing he was having a medical emergency and did not have any substances in his blood. The court didn't acknowledge this and proceeded to file BMV 2255. He received a letter today saying his job was terminated because he refused breath analysis.
first off, your Father is very lucky to be alive. Sepsis is quite often fatal. But yes, it is possible and with a...
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