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My husband was turning onto a slick roadway, and slid into a snow bank. He was not able to get the car out of the snow. There was minimal damage to the vehicle where it hit the snow bank, but no other damage to property or person. The car was well off the road. Another driver came along and offered him a ride home. It was already 2:30 in the morning, so he decided to wait until the following day to call AAA. After being home and in bed, we were awakened by police at @ 3:30 AM who wanted to question him for leaving the scene of an accident. After initial questioning, they performed a breathalizer test, then cuffed him in the home and took him to the hospital for a BAC. He hasn't heard anything yet, but is concerned that the police actions were not warranted. Any thoughts
The short answer is YES you can still be charged hours after. The facts as you decribe them are even more reason to...
I understand that each time you get a DUI the severity of the punishment goes up for each. 1st offense, 2nd offense etc. However, I understand that that applies only after being CONVICTED of the previous DUI. For example, receive a first time DUI 6/21/13, receive another 8/21/13. If the conviction for the 6/21 DUI comes on 9/21/13, the charge on the 8/21/13 DUI will be as another first time offense. Is this correct? Part II of my question, we'll use the above example...what if, because the police are waiting for results of blood work, they do not file the charges for the 8/21/13 until 10/1/13 (after the conviction for the 1st DUI). Would the 8/21 DUI now be charged as a 2nd DUI. So, part II of the question is really, do they go by date the charges were filed or date of incident?
The statute uses the words "within the ten years before the present violation occurred." Therefore the ending date for...
Totaled car on a rural road before 10pm. Was afraid to tell BF who owned car. About 10pm he called and I told him. He said he'd report it to police for me and tell them where. Because he became angry I did not speak to him further. Stupidly, I began using while I waited. Even though told where, I was not found until about 1:30am! When found me I was behind wheel of a totaled vehicle, keys in ignition, under the influence of controlled substance. Failed sobriety test (also have MS. Doc often gives me similar test that I fail) and blood test came back positive for controlled substance. But why can I be charged with Dui when vehicle was totaled. Having the substance was not illegal so I couldn't be charged for that. Do I stand a chance fighting it? Public Defender discouraged fighting it.
It is inappropriate for another attorney to second guess the advice you received from your public defender. Pose the...
I was compliant both times. if jailtime is in my future is there anyway I can get house arrest? Im a single mother with 2 boys, I have no proper care for them, no family near by. Please help, direct me towards the right direction
Given the age of your first, there are a variety of possible courses to follow, but it will depend upon what can be...
Under the age of 18, first criminal charge ever, it was a controlled substance not alcohol
At the moment, you're facing a 12 month license suspension and a fine of between $1k-$5k. However, since you're under...
I got pulled over April 12th 2012 no accident. The paperwork.only came 9 months later in the mail. I finally got.accepted to ARD and will be sentenced January 13th. My blood alcohol was .169. I got pulled over November 9th this hass no relevance but I blew a .213 my blood work was .237 which I didn't even drink a lot. He pulled me over for driving over the fog line. If get the 2nd dui highest tier. Does commonwealth.vs.hagg help here. First one in berks county 2nd in Lebanon
Rather than answer your question about what the best and worst outcomes are, I'm going to tell you how to achieve the...
I am 17
Miranda warnings aka "being read your rights " only relate to questions asked of you during a custodial interrogation,...