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I got pulled over got a ovi the and he dud not read me my rights could I still be charge with an ovi
He handcuff me and took me to the local police station and gave me a breath test and later took me home....
Yes you can still be charged. Miranda only applies to in custody questioning by the police. The remedy for no Miranda...
Second offense, no license, no insurance. 2nd Car accident, will he go to jail?
My boyfriend has been procrasting on getting his license and had crashed my car back in April for an at fault accident with no license and no insurance. It is now august and he still continued to drive my car and recently hit a pole in my car. Yet without a license. What is he looking at for penalty and offenses or jail time?!
The potential jail sentence is dependent upon the specific charges. Generally, based upon what is outlined above, he...
I was taken by ems to a hospital and woke up with voluntary intox ticket and have a clean record what should i expect to happen
i think i was drugged and dont rember any of the end of the night i know i was puking on the boat iwas on but thats all that i did !
I am very sorry to hear that you are going through this. Your question raises many others that I would not post. I...
Can a prosecutor suppress a police video cam in a DUI case?
My brother was stopped for DUI while driving home from work. Officer claimed he had been watching him swerving, almost knocking over mail boxes. My brother passed field sobriety, (he had NOT been drinking) and was shocked when he was handcuffed and thrown in police car. Officer was aggressive and abusive, so when they got to station my brother asked for attorney and refused breathalizer. His attorney was skeptical and sent for dash cam video . We were in his office and viewed the tape. Attorney was "shocked", (his words). My brother was telling the truth. Tape shows my brother was not driving erratically, and officer's aggressiveness. Officers written statement completely different than the tape. Now prosecutor wants tape suppressed. Brother NEVER arrested in past. Can they do that?
Prosectuion can certainly ask to have it suppressed, but it is up to a judge. You attorney should be able to play the...
Is it possible to file with the court to get my license back before the suspension is up? How do I start the process?
In 2012 I plead guilty to my 3rd DUI. Had a public defender at the time with no DUI experience. Although I was less then a mile from home, did not wreck, cause any harm to others and fully cooperated with the officers (same for the other cases). The judge gave a a 10 year suspension and I am not allowed to have a car titled in my name either. I went through all of the rehabilitation, completed probation without an incident and have continued to stay on the right path since. However, my job is starting to require mandatory overtime and it is causing an issue for me since the bus I ride doesn't allow a change in my hours.
The best move would be to hire an attorney to file a motion for occupational driving privileges. If granted, the judge...
Will they just see that my levels are decreasing from Test 1 to Test 2 or will a failure on the second test hurt my case?
I was arrested for DUI and ordered to take 2 pre trial drug tests. I know I will fail the first and possibly the second. The time in between the tests is 10 days and I fear my system will still not be cleared. This was not a drug related arrest.
If your levels decrease, you'll be fine. If they increase or stay the same, you'll have a problem. I hope you have an...
What should I do? What could it be?
Over two years ago I got my second OVI while still finishing up probation for my first 6 months earlier. I screwed myself. I did the car breathalyzer, the anklet, the house arrest, the community service, the random drug tests, the year of probation, the 10 days in jail. All that's left is renewing my license after the two year suspension. I went down to pay my fines. Warrant block from a failure to appear 2 years ago. No bond. I'm freaking out. When I got these charges I was living in my mom's basement, with no job, and a bum. Now I'm living on my own, had a job for a year, have bills and an actual life. I called my attorney and he said I need to go to AA and get signatures to prove I haven't been drinking and then call him to handle it. Doesn't my life itself show that I'm doing better?
Unfortunately the judge is going to want more proof than just your word. It sounds like you have made some important...
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