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My son was involved in a car accident.He was charged with dui .he came up pos for maryjuanna .The acc happened because his
break line broke. he did not leave the scene he passed all field test except for standing on one leg. that test was given in the middle of hill.They found nothing on him or in his truck. the air bag deployed and dust went in his eyes.they said probable cause was glassy eyes and slurred speech 3 witnesses at th escene all said his speech was not slurred.He actually went to the homeowners house at witch the acc took place and woke them up to let them know what happened.
You need to hire a really good defense attorney. For every negative they say, you need to be able to challenge and...
If there was no evidence of maryjuana use no odor nothing found in truck or on person how can you be charged with a dui with
only a urine test
It would depend on what the police claim the probable cause was 1) to stop you and 2) to arrest you. The officer might...
My car was hit by someone who ran a red light, I did receive a DUI, the other party is now sueing, I have a deposition coming up
Does this mean the case is going to trial
No. It means the case not settled yet. Insurance carriers often have their attorneys do the depositions in order to see...
Based on the research I've done, it's been made clear that a DWAI conviction is a violation and not a crime, BUT said conviction will still generate an NYS "RAP sheet" with details of the arrest, etc. In the event of a background check, what specifically differentiates a DWAI from a DWI if it still shows up on a "RAP sheet" specifically reserved for criminal offenses? How would an organization know how to interpret the results of a background check without understanding the small nuances in the law? Wouldn't the assumption be that there was a crime committed based on ANY 'RAP sheet' entry? For all intents and purposes, it sounds like a 1192.1 shows up the same as a 1192.2 or 1192.3 in background check information.
Both show up on a criminal record check, but one is a misdemeanor, the other isn'tt, and the penalties for a DWI are...
I was charged with a DUI in NY. There was a trial without jury. During the trial, the trooper who arrested me was asked to point me out in court. He said "that's her with the blue sweater. I was wearing a white blouse. He misidentified me as far as what I was wearing. He wasn't even close. Does this play a factor in the outcome if I pursue it. I have already paid my fines, and driver responsibility fee. My license has been revoked for at least 6 months. I am wondering if this can all be overturned?
Please review my answer - and my colleagues' answers - on your prior post.
In NY, is probable cause required to request a motorist to submit to a Portable Breath Test (PBT) device, i.e. Alco-Sensor/SD-2?
In NY, is probable cause required to request a motorist to submit to a Portable/Preliminary Breath Test ("PBT") device, ie. Alco-Sensor/SD-2, after an accident? Does a police officer need probable cause or reasonable suspicion to request a motorist to submit to a Intoxilyzer SD-2 or Alco-Sensor handheld breath test device after a serious accident? Is there any relevant case law pertaining to this type of scenario? Under what circumstances is a police officer allowed to demand a motorist to submit to a "PBT" device? Does the answer change depending on if there was an accident or not? If a defendant is involved in a serious motor vehicle accident in NY, does the officer need some kind of legal standard of proof (other than the accident itself) to request a motorist to blow into a PBT device?
Yes. A police officer needs probable cause to ask someone to take a breath test.
I was charged with a DUI in NY. There was a trial without jury. During the trial, the trooper who arrested me, misidentified me as far as what I was wearing. He wasn't even close. Does this play a factor in the outcome if I pursue it. I have already paid my fines, and driver responsibility fee. My license has been revoked for at least 6 months. I am wondering if this can all be overturned?
What you were wearing at the time of the arrest? I doubt it is sufficient to reverse the conviction. Did you claim you...
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