Harbert Crime

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Harbert Law

Can not knowing that the beer contained whiskey that got you over the 0.08 BAC limit be considered an involuntary intoxication?
In my DUI case, I never asked myself a question how come three light beers at 4.2 alc./vol and two 16oz Oberons at 5.8alc/vol got me over the .08 BAC... I used some BAC calculators calculation and none puts me over the .08. My PBT 30 minutes after last Oberon was .1.13 and DataMaster 1hr 46 minutes after was .08. Now, I realized that the strangers I was playing pool and drinking after somewhat mocking the American beers (sorry!) got me those Oberons and told me "you will like it, this is a special one". I am positive now they added whiskey to them! This would add up on the BAC calculators. Is it a valid and reasonable doubt-level defense?
You could certainly try to sell that. I very, very, very much doubt any judge will buy it. Good luck.
Does BAC at the time of driving calculated using Widmark's retrograde extrapolation method matters in Michigan DUI cases?
I am a male that was tested with 0.08 BAC by DataMaster DTM 1:46 minutes after detention. I finished my last 16oz draft Oberon with 5.8% alc/vol at 2:15AM. Using Widmark's retrograde extrapolation method with average elimination rate of 0.015/hr, 184Lbs weight it results with 0.068347 BAC (or 0.07 if rounded). I have a bank statement showing my tab being closed at 2:04AM. Even with finishing the drink exactly at the last call 1:45AM (which is impossible) this would give me BAC at the stop time of 0.076. Does this argument have any weight in Michigan courts?
A retrograde extrapolation can be a winning argument, but it is up to a jury. The evidence would need to be presented...
Please define the restrictions to my restricted license.
I just received a restricted license. It has terms on it that state I may not consume any intoxicants, or any drug/alcohol related activity. I received a Dui, which resulted in this. I am not an alcoholic, in fact I drink socially once a month or so. I made a bad judgement call by driving after having a couple glasses of wine at a class reunion. Does this restriction apply to when i am driving or all the time? If i am not driving i do not understand whose business it is. I am not on probation with the court and I am using an interlock system for a year.
You can't drive with any measurable amount of so how in your system. I tell clients 24 hours between drinking and...
Can a dui hurt my chances for employment?
I was offered a job at a amazing company. I filled out and sent in all my paperwork and they informed me there would be a background check. I had no worries. She told me I would probably start the following Monday. That was 2 weeks ago!! They kept telling me the office was backlogged with tons of checks so it would take a while. Last Friday was my last day at my old job. Now I get a call it was red flagged due to DUI's in 2004 and 2007! Will that cost me this job? They already offered it to me so I am now unemployed.
Any criminal offenses can affect your chances of getting certain jobs. DUI's are particularly tricky, especially if it...
My mother's boyfriend is a drunk and ruins every Holiday. He has a warrant out and I was wondering can I have him picked up?
He owes child support.
You can try. If you call the police with a location for a fugitive they will likely come out to see if they can't make...
Do I have to go to AA, letters, alcohol classes and what not after losing my license 16 years ago?
Back then I had 3 dwi within 10 years.
Yes, among many other things. Whatever you do, DO NOT try this on your own! Contact an attorney with significant...
Daughter (17) got underage drinking ticket in New Buffalo Michigan. We live in Illinois
It is her first offense. All the kids took the breathilizer. Court is Tue. Do they plead not guilty and pay the fine and take the supervision? Thank you.
Considering your daughter's criminal record is at stake, I would kindly but strongly recommend you retain a Criminal...