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I live in Ohio but was arrested in Indiana on a lake for BWI (Boating while intoxicated). I just got a copy of the police report and some minor things that the officer stated were incorrect but the largest mistake was that he stated he "handcuffed me and walked me to his state issued truck" ... a little hard to do when we were on the lake. Additionally he left out all of the information with regard to the 3 others on my boat, his requirement of them taking a breathalyzer AND administering one after advising them that they could not move the boat unless someone was sober; the fact that he stopped me for a stern light not illuminated after sunset was not mentioned again in the report nor that he left 3 passengers on a disabled boat with no working lights after dark in the water.
The errors are minor and will be talking points for the criminal defense attorney you hire to defend you in this case!!
he got dui with felony child endangerment. can he get the felony off his record. this happened in texas and he lives in ohio now
He cannot get this charged sealed/expunged in Ohio. He may be eligible in Texas but would need to contact an attorney...
My boyfriend and I got into a fight while in California. I was extremely intoxicated and don't remember most of the details. He was arrested for domestic violence based on statements I made. I don't remember what statements I made to the police and not sure why they charged him. We are Ohio residents and I really don't want him going to court for something I can barely recall. He has no previous history of abuse and has never done anything to me before. Do I have any way to stop the DA from prosecuting?
California will admit any statement as evidence if it was voluntarily given. The question as to whether it is a true...
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!
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.