Drakes Branch Crime

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Drakes Branch Law

DUI - Was this probable cause?
My husband was pulled over for going 37 in a 55. The speed limit had just changed - half a mile. He had been in his car with the license and registration for a good minute when the lights started bothering my husband, he opened his door and asked if the officer could possibly turn off his lights. He then looked at his eyes and gave him a breathalyzer, which he blew a 0.18. This is the first time my husband has ever been in any trouble. The officer never read him his rights, which I understand isn't always necessary. But he also never told him he had the right to an attorney, or anything. My question is this - was this indeed probable cause to pull us over? I felt that half a mile after the speed limit increase isn't much time to accelerate, and he was going 37, which obviously means that he was accelerating. The officer may have even turned his lights on before the speed limit change. Also, does the fact that my husband has severe acid reflux (which can cause a higher bac) help us any?
The officer does not need probable cause, merely reasonable suspicion. Driving slowly can be grounds for a traffic...
DUI - is there any chance of a charge reduction?
My husband has a clean record. We were pulled over for driving 37 in 55, just after the speed limit change. The officer may have even turned on his lights before the change. After taking the lincense and registration, he stayed at his car for a good while. My husband began to feel very ill and opened his door to ask if the officer could possibly turn off his lights. He then looked at his eyes before giving him a breathalyzer, he blew a 0.18. It is very crucial to his career that he is not convicted. We are willing to pay for the best lawyer. I has a few questions. My husband has severe acid reflux, which can alter breathalyzer test, and he also had a fever. He was not acting drunk - not staggering, slurring, or anything. The only field test performed was the officer looking into his eyes. Is there any chance of getting the accuracy of the BAC test challenged? There was no blood test performed. Was pulling us over that soon after the speed limit change even probable cause? We are making appointments this week, we just need some peace of mind that it is not entirely hopeless. Thank you
The Fourth Amendment requires that the police have "reasonable articulable suspicion" before making a traffic stop. If...
How can I obtain a California License with a DUI from Virginia?
Hello. I was convicted of a DUI January, 28th 2016 in Virginia. I completed the mandatory ASAP classes and paid all court fines. I sold my vehicle after I was convicted so I never held a restricted license or had an interlock blower in a car. It's been well over a year but I want to obtain my License. Will I be able to get. Virginia license if I buy a vehicle, get the FR44, without have a interlock placed on my vehicle since it's been over a year? Or if I move to California, as I plan to in a month or 2, will I have to get it over there as well? I am asking because if I have to get an interlock placed on my car in Virginia, I won't be able to schedule follow ups to the interlock location once a month.
You say you sold your vehicle so "never held a restricted license...", which is inaccurate. Convicted of DUI means...
Can I take a DUI conviction from 2015 back to the courts?
I was convicted of a DUI in January of 2015 in NeW Jersey. I was ordered to a 6 month suspension, 12 hours of an alcohol education program and then an assessment by a licensed clinician to see if further treatment is needed. Since VA found out about the charge, I had to comply with NJ requirements plus an added 1 year suspension. I have completed 20 hours of alcohol education, fulfilled my time of suspension and am now in a 16-week program. The reason I want to take my case back to the court is because the licensed clinician stated that she doesn't feel I have an issue with substance abuse, but wants me to do the program anyway solely because I was charged with a DUI. The department of mental health and addiction services here is requiring me to meet with them 3 times a week for one hour sessions as well as going to 2 AA meetings a week. It's completely degrading to me because I do not have a substance abuse issue. I just want my license back.
You have an option to appeal after your conviction. There a time limits for appeals. If you miss them, your opportunity...
10 years ago was declared a habitual offender with 2DUI's and a ton of speeding tickets and a 3 driving on Suspended..
is it true after 7 years those fines are gone if it is what must I do ..how do I petition the court? what is my best bet to get it reinstated
Fines and court costs to not disappear and must be paid with interest. You have to petition the court to reinstate...
Can you fight a dui refusal?
Can I fight a dui refusal charge if the police officer could not prove that I was the driver?
You are only under the Virginia Statute if you operate a vehicle on a highway. You also must be arrested within three...
I was convicted of my first dui offense and served 5 days in jail, vasap, ignition interlock, 1 year restricted, and 550 fines
I have completed all tasks but am still with a restricted license and ignition interlock. I have 3 months left but just failed my second breath test. My first was .026 and second was .025. My case is being sent back to court, what consequences am I facing and should I hire a lawyer?
You could get more jail time. Interlock violations will not please the court. Your original attorney will have the...