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If you are pulled over and investigated for DWI and the cop asks about how much you had to drink and you first respond "a couple" then he asks again and you respond "enough or quite a bit" how hard will it be for the prosecution to prove beyond reasonable doubt you are intoxicated? Cop did not ask when you had your first drink, he did not ask when you had your last drink, he did not ask if you had eaten, He did not ask if you had slept since last drink, He did not ask what kind of bevarages were consumed. There was no breath test nor field sobriety test as they were declined. Will the State be able to prove beyond reasonable doubt, solely based on the above information, intoxication. How will a good attorney be able to help with this?
Texas DAs are successful in prosecuting DWI every day without this information. In fact, it would have been very...
Can a individual find out who the state has subponeaed to testify against them in their trial?
Generally speaking yes. Normally an application for a subpoena is issued by the court and placed in the court's file (...
It seems like an officer can pull you over for something as small as drifting onto a lane marker. If that’s the case, how do DWI’s get dismissed? Does the judge decide? Does the judge look at video or the report to make their decision? I've also read that many DWI cases have been dismissed because of probable cause, due to a motion to suppress. How does this work? I've done a lot of reading and I know that many DWI’s are challenged on the officer’s probable cause for the initial traffic stop. From what I've read, it seems that probable cause can be something as simple as drifting onto (not even across) the lane marker, or an unsafe lane change. In my case, I exited the freeway and went across the lanes to the far right. Thanks in advance for your time.
"Probable cause" is pretty much in the eye of the beholder. Cops don't think that the standard is very high, and many...
This is the case... I was traveling on and exited an interstate in XYZ County. At that time XYZ sherriffs deputy stated that I made an unsafe lane change and he activated his video camera. XYZ sherriffs deputy continued to follow me 2.5 miles with camera on claiming various traffic violations such as drifting on to the white line (not crossing it), abrupt stops at stop signs (these alleged traffic violations are not seen on video). The XYZ county sherrifs deputy continued to follow ACROSS the county line into ABC County. Once into ABC County, XYZ sherriffs deputy continued to follow me for approximately 3/4 of a mile into a residential neighborhood through three stop sighns and intersections and turned on his lights at the third intersection at which time I promptly pulled over. The deputy walked up to the truck saw open container and asked me to get out of the vehicle and if I know why he pulled me over, I told him I didn't and he never provided an answer. The officer then requested me to do field sobriety, I refused and he arrested me. I was taken from ABC County and booked in XYZ County by XYZ Sherriffs Deputy. There was never an ABC County sherriffs deputy present. At XYZ County I refused the breathalyzer as well. Also, the XYZ deputy noted on his report that the arrest was in XYZ County. Clearly the arrest was in ABC County. What bering will this have? How does jurisdiction work and where is hot pursuit considered? What are the laws? Was there probable cause?
More information is required, because you don't say what the offense was. It appears that DWI is being alleged, but not...
A friend had a felony DWI 3rd knocked down to a misdemeanor and got 2 years probation. he's serving 30 days as a condition. Will he have a drivers license when he's released?
If his license wasn't ordered suspended when he went to court, he may still have a valid license. However, he was most...
My husband got a 3rd DWI the first week of July.. his court date is July 29th, hes thinking that it will just get postponed,but I told him anything can happen. He has no lawyer so far. Who is correct? or close to it? I know he will get jail time I'm sure. Is probation possible too? Thank you.
My best advice is to hire a local attorney ASAP who can start working on a defense for your husband. it is a very...
I have my full drivers license and need to move furniture for my employer with a U-Haul truck to North Carolina. Would this be problem since the vehicle wouldn't have a breathalyzer on it? If it is, is there a way around this? Thanks.
I would check with your attorney as to your restrictions. Often you can get an interlock exemption for work vehicles