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I had a breathalyzer administrated to me, and during that test, I was having a hard time blowing. The officer accused me of messing around and kept threatening to take me to the hospital for a blood test. It took me 40 minutes about to accomplish the test. I had two invalid samples along with it. Is this test accurate and could it render being inadmissible in court?
Possibly. If the print out is "invalid sample" as opposed to "insufficient sample", according to the manual it is an...
Facing an oui charge. Blew a .09 after the officer failed to administer the test two different times. At one point he left the room for about 1 minute to get help from another officer. Once he returned he was able to get an actual reading. I've read that the a breathalyzer must be turned on and warmed up before the testing can occur and that was not the case. I've also read that the officer must monitor the person being tested 20 minutes before administering the test. Again, the officer left the room leaving me alone with a friend, just before getting the reading they wanted. Is there anyway I can get the charge reduced to something like wreckless driving or possibly get the charge lifted all together? Thanks for the help!!
Anything is possible if you are willing to proceed to trial. There are certain protocols that must be followed when an...
Can an officer add charges to an existing summons, if so how long does he have to do so??
An officer might secure a search warrant, obtain the results of your hospital blood work and issue you another summons...
My Intoxilyzer gave me a subject test of .152 out of 4.238 Liters of breath vol. The 2nd subject test was .152 out of 6.113 Liters.
All that result means is that you blew more air into the machine on the second test. It does not mean there is an error....
Will my insurance costs rise even if not convicted by court for DUI but my license was suspended by BMV?
1. Will my insurance costs rise even if not convicted by court for DUI but my license was suspended by BMV? 2.Will the DUI column indicated on the driver license report be flagged as "Y" ? 3.Does courses like defensive driving etc which reduce demerit points by 3 help in this matter?
One thought is to call a different insurance company than you ordinarily use and talk to them. Good luck. Jasen Nielsen
I was recently charged with my second drunk driving offense, my first being in 2008 and my second occurring in late 2012. I received my discovery and they seem to be charging it as a first time offense with mandatory minimum jail time, fine and loss of license. My past driving history was clearly in the packet of info the prosecuting District Attorney and I have, but he seems to have overlooked the first offense. Is there a possibility that they'll only charge me for a first time offense because of their mistake? Should I make any mention of this in court when I'm making a plea, or let them make the mistake and take advantage of it? Thank you for your consideration.
You certainly are not obligated to bring the issue to their attention. It may be that the case is weak for some reason...
Can I be charged with possession of alcohol by consumption if the officer didnt give me any sobriety tests?
I was in the back seat of a car with a sober driver and I was told to get out of the car after I told the officer I had not been drinking. He then told me he could smell alcohol on me even though there were others in the car who did admit to drinking. No sobriety tests were given and I received a summons for possession of alcohol by consumption. Can I be charged with this even though there is no evidence?
Yes you can be charges if there is probable cause to believe you committed the crime. It would be your testimony if you...
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