Edinburg Crime

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Edinburg Law

Does the officer need proof of the person being intoxicated and in public, or just one or the other?
Was arrested for intoxication in public after calling 911 for a potential break in of my house, I made the call from my neighbors private property, and don't believe I stepped foot on the street while giving my statement. I know this should have been a follow up question on my last post, but i cant figure out how to make a follow up question for which i apologize. Thanks a lot for any insight!
The "in public" is more related to your visibility than the ownership of the property that you are on. The Courts have...
Why is the VA DMV telling me to have the interlock on my vehicle now when my 1st offense DUI conviction occurred on 11/16/2012?
According to the Judge's order I was convicted of a 1st offense DUI on 11/16/2012. My license was revoked for 1 year. I was ordered into ASAP, denied a restricted licence with the IID during the suspension then, upon restoration of my driving priveledge, required to only drive a vehicle with an interlock device for a period of at least 6 months. I paid all fines and costs immediately, successfully completed the Alcohol Safety Program per ASAP. At that point, I personally decided not to drive and sold my car until October of 2016. I looked at my DMV compliance summary and It listed all the tasks to complete in order to reinstate my license, including an interlock for 6 months, so I called ASAP and they reopened my case. I went and got the interlock installed Oct. 21, 2016. Yesterday I got a call from the Comissioner's office informing me that my license will be suspended in 28 days due to a failed test. My daughter blew from the driver's seat before I could stop her while I was moving my car across my property to the air compressor. I didn't hear the beep thru the lawn mower. I had some drinks but the car was only moved across my property. Now I can't have the device removed. Huh?
This is really pretty simple, in spite of the long story. In order to be reinstated, you have to go 6 months straight...
The city of Newport News Va , I ended up getting a not to bright lawer he didn't know if the prosecutor could not provide full Discovery he can ask for a dismissal but my problem is they didn't give me the whole video of my Sobriety test and doesn't Newport News have a local law that you have to get to your discovery and evidence 15 days before the court date ?
You get the attorney you pay for. If discovery is late that is grounds to continue. No judge would deny more time to...
I received a DUI in Toano but I was not breathalyzed, what do I do now?
I was pulled over and given a field sobriety test, but I was not administered a breathalyzer test. I feel that I should have passed the test. I was then arrested for a DUI. This is my first DUI and I'm scared for the outcome. I don't want this to stay on my record. Is it possible to get a DUI removed from your record? What should I do next?
You can either win your case at trial or have the dui amended to another charge. Either way, you will need to hire a...
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...
Can I avoid jail after violating probation for first DUI ?
I was convinced of DUI first offense in VA with a BAC of .09 I was in an accident with no injuries and found not to be at fault. I was sentenced 1 year probation, 90 days suspended jail time, ordered sobriety, VASAP and restricted license with ignition interlock. I have just finished my 10 ASAP classes and made the terrible mistake of consuming alcohol causing me to register a .02 or higher into the device the following morning which is a violation off my ordered sobriety, ASAP standards and is in VA a misdemeanor class 1 "driving on revoked" I have since recognized I have a problem and am going to AA twice a week. If my case manager reports this I will receive a show cause citation. I called my attorney, he just told me to wait until I get my citation then call him. I have a good job, a wife and 4 Kids, I am the sole provider. I will face the consequences of my actions and continue my sobriety with diligence, I just hope i have a shot at another chance to satisfy the court while continuing to provide for my family
Talk to your attorney. He knows your case best and the local habits of ASAP. Every location is different.