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Recent Crime News
2nd OWI offense/Being marked as a refusal.
Officer #1. The intoximeter test had already been started he informed officer 2 that the informing accused needed to be read, he read it and I refused to answer if I would submit. Officer#2. I gave a breath sample during the Intoximeter test, the other officer came back and said he didn't read the Informing the Accused had not been read. They then read it to me. Shouldn't they have read it to me first? They said if I refused it everything would be easier in the long run. So I didn't answer, I didn't know what to say. They marked me as a refusal. I did research -because they never gave me my id back- and they never told me if I was a refusal I lose my license for a year. They also stated I sat on the curb before the arrest and wouldn't get up. My two friends saw me get right into the car
Based upon the facts posted, you may have a defense to the refusal, IF you requested a hearing in a timely manner. Don'...
Underage Drinking. DUIs
I was driving to a gas station,and then I came out and a cop was next to my car. She must've known that I drove to the gas station. She tested me knew I was intoxicated. My ticket was $240, but she didn't charge me with a DUI. Does that mean I got lucky?! Will she bring it up during my court date that I was driving?
Were you only cited, and not arrested? If you were not arrested, and she let you drive away, then she must not have...
Can i get an underage dropped if i wasn't breathalyzed?
Hi, I just got an underage last weekend in Wisconsin and was wondering what my options were. Here's the details: I was outside my house around 8:30 still light out, and i was just talking to my friend when two cops were walking down the alley and saw a beer bottle in my hand. One stopped and cited me and my friend for underage drinking. However, the cop stated that he didnt right down that i had a bottle and he didn't breathalize either of us. He also said something about a "watch" going on in the neighborhood so he had to give us an underage. I was wondering if there was any possibility of me fighting this charge, i never admitted to drinking either although it was my first beer im almost 20 years old and, turn 21 in 4 months
If there is no hard evidence (e.g. you weren't breathalyzed or given any sobriety tests), you should fight the citation.
Can i get out of this underage?
So i had a bonfire at my house. The cops came and gave a few people underages, i ran and wasnt seen. Two days later, i recieved court days one for underage and other for possession of drug parafenilia. For the underage i want to get out of it cuz its 456 bucks! which is really high priced if you ask me. If they never breathalyzed me, or seen me for that fact i dont see how i got it. My friends said they didnt rat me out, and if they did i dont believe they can go off hear say. Yes it was my house, but my brother threw the bonfire. The drug parafanilia some of my pipes were found in my friends purse and well if it wasnt in my purse with my indentification how did i get a ticket. Once again, Hear say? idk wut to do. Not guilty???? HELP.
Hearsay is an out-of-court statement offered in court to prove the truth. Here's an example. If a police officer...
Valid DUI defense?
I recently was charged with DUI my first offense. Long story short I wrecked my car and limped it to a nearby parking lot. A local city council member came upon me and blocked me in until the sherif arrived. My question is since I was not in the ditch when anybody got to me is it a viable defense? Also I (thinking I was cooperating) admitted to driving after drinking but was drunk (obviously) when I said it. Does any of this warrant a lawyer or is it my best bet to just take it?
Most DUI statutes require a showing that you were intoxicated while you were operating your vehicle. If you were still...
I was arrested for driving under the influence of alcohol, and my license has been suspended for 6 months, why i should do?
I has been issued 3 tickets, one driving under the influence of alcohol, one speeding and one for operating a motor v. while been influence by the alcohol. i had the breathing test and the result was .14 of alcohol. this my first time and i want to see if there is any possibilities to so something about i.
It sounds like you've been suspended administratively for testing over .08, either because you failed to request a...
Is there a way to use behavioral health as a defense against an OWI?
I received an OWI 2nd back in August of 2011. I am trying to get it reduced to reckless driving since I've heard that expungement in Wisconsin is rare. (I'm trying to switch to Active Army from National Guard, and can't with two on my record.) I didn't get in severe trouble with the Army for this offense because I went to behavioral health a week prior asking for help with anger management and depression, which led to a drinking problem. I didn't receive the proper help and a week later got the OWI. Is there a way to use this as a defense since I wasn't in a clear state of mind before I even started drinking? Any help would be appreciated. Thank you.
Only a private criminal defense attorney who knows all of the facts and circumstances will be able to help you. Get one...
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