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Can my brother be charged with DUI if no tests or blood work was performed?
My brother just finished a trial and no evidence was provided. The state didn't have no blood work and the officer didn't perform any field tests on my brother on the night he wrecked his car. He received 5 years of probation and 30 days in jail for this. Is this fair? Can they convict him even though they didn't have any evidence? Also, for the first offense, isn't the punishment to steep? Any advice will be greatly appreciated. Also, he wasn't arrested at all but was sent to the hospital; they didn't draw any blood from him.
If the trial has ended, it is obvious he can be charged with the offense. If he received 5 years of probation, then he...
If you have a "wet reckless" conviction and catch another DUI charge -- still a 2nd degree misdemeanor? Also question about plea
. I've not yet retained an attorney but this isn't my first rodeo. I know you can probably count actual DUI trials on one hand, but if you have seen someone go to trial and lose -- what sentences are typically imposed? I guess the meat of this post is "My plea seems bad enough, is it that much worse to be found guilty of DUI at trial?" Do guilty DUI defendants typically receive just jail time if they endure a trial, or do they get jail time + all the conditions of a plea bargain (probation, car impound, dui school, etc). Or is the Plea Bargain really a great deal considering the slim-to-nill chance at beating the charge in a trial, and the loss of freedom that would lead to job loss. Admin suspension sustained, so DUI School II, anyway--finally"not guilty" trial = reverse DMV ruling?
The severity of your sentence after trial will depend on the judge and any aggravating facts associated with your case....
Does state law trump hospital policies regarding legal blood draw in a DUI manslaughter suspect?
Last year I obtained a blood sample on a patient who was the driver in a car crash that resulted in a fatality on scene. (I'm an RN). The patient verbally opposed the blood draw, but the highway patrol showed me a search warrant signed by a judge. Our hospital policies only speak to blood draws with signed consent, however I believe that would only pertain in cases not involving vehicular homicide. Would the language of our hospital policies show that the I was in violation of hospital procedures and disqualify the evidence from the case? I have been subpoenaed and I'm nervous.
Not with a judges order, consent with an alternate route of admissibility for the blood, but with the warrant that's...
In the state of Florida, what happens if the police are unable to locate someone to serve them with a summons to appear for dui
A friend of mine has pending dui charges due to an accident where they took a blood sample. The test results came back and they set up a court date and issued a summons to appear, but they are unable to locate the person to serve them with the summons.
Generally speaking, a warrant would be issued for their arrest and the defendant would become a fugitive from the law.
Miami. DUI and Ctitizenship
Hello. i was convicted for a DUI 1st offense in 2014. No criminal background before. Just finished my probation and everything mandatory. I live in the US (green-card holder) since 2009 and volunteer for 2 years helping peoples. Can apply for my citizenship. I'm very confuse many lawyers say yes and other say no. DUI do not affect your GMC (Volume 12 – Citizenship & Naturalization, Part F – Good Moral Character Chapter 5 – Conditional Bars for Acts in Statutory Period) I know i'll need a immigration lawyer. Thank you very mech
US immigration laws are complicated. Criminal lawyers have some background in immigration laws, but not enough to give...
Is a first Florida DUI offense considered a "serious misdemeanor"?
I was charged and convicted for first time DUI in Tampa, FL in 2013. No crash, damage or injuries my BAC was 0.13/0.14. Got the minimum sentence (revocation, fines, CS, DUI school) with no jail time (except for the 8 hrs after arrest) and I completed everything within 6 months. I am about to graduate with a PhD and I am applying for faculty tenure track position in a University in California. The online application form asks the following question "have you ever been convicted of a felony or serious misdemeanor?" As you can see my struggle is with the design "serious." Even after reading other online posts i am still not sure how to answer without being dishonest. Thanks in advance.
This is not a criminal defense question; It is an administrative / regulatory / licensing question, and no lawyer can...
My younger brother and I got MIPs while we were visiting Sandestin, Florida. The officers didn't never saw us with alcohol.
The cops took my fake ID but didn't charge me for it. My younger brother didn't have a fake ID. They saw us walking out of a bar and stopped us. We were both given MIPs. We were never breathalyzed and no other form of sobriety test was performed. Is it safe for me to fight my MIP charge? Or will they just pin me for a fake ID with the evidence that they already seized? My deadline is September 9th.
If you were never in possession of alcohol the state can't prove you were in possession of alcohol (assuming you didn't...
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