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What will happen to me if I'm a passenger in a car and the driver gets arrested for drug possession?
I was riding in a car with my friend and he got pulled over for going into a one way bank to try and turn around. The officer smelled weed and took our information. He searched me and found nothing and he found under an ounce of weed in the car which my friend admitted it was his. I'm only 17 and the officer let me call a guardian to pick me up. He said I wasn't in trouble. Few months later I got summoned to court and the case was State of Delaware vs (my friend). Why would I be called into court?
Based on what you told me, they have absolutely no case against you. The reason you have been told to go to court is...
Hit by drunk driver with no ins. , police found him at fault, my company decides to say I am at fault. What can I do?
I was hit by a drunk driver that flew out onto the highway from a side street. He hit my vehicle, drove off a bit, stopped, got out, dumped out a bottle of liquor (seen by witnesses) and he ran away (on camera). Later we found out he has no insurance. Police found him at fault. I have the report. I filed with my insurance company, thought everything would be taken care of. No. My own company decided to find me at fault because I didn't get out of the way of his swerving in time. The agent avoided my calls for weeks while I drove the damaged vehicle. Is this normal? Do I have any recourse at all? Or do I have to let them do this and accept my rates are now going to sky rocket, all because a drunk hit me?
There has to be some provision in Delaware by which to challenge their determination but you can sue the other side to...
What are the potential consequences for minor in possession of alcohol and initially lying about being 21?
Was arrested on Rehoboth Beach on Tuesday, June 9, 2015 for drinking underage on the beach. Was charged with minor in possession and falsifying information. I did not lie about my name or where I was from just that I was 21, and a few minutes later I told the officer that I was in fact not 21 but 19 years old. My court date is scheduled for May 24. I am 19 years old and from Pennsylvania. First time being arrested.
Both charges are misdemeanors of course, so you do not risk jail time or anything like that. The worst case scenario...
How to get temporary custody of my 2 grandchildren. Her mother is going to jail for the 4th DUI. My son is dead.
There is bad blood between us. We legally tried for temp. custody in Jan 14 when she was sentenced for her 3rd DUI. We lost the case. She then kept the kids from us until this afternoon. Apparently she has fled MD and is in Utah but we think she is fixing to get picked up by the law. She called and allowed me to talk to the kids for the first time since Feb 14. She wants to place the kids with us but wants to get them the minute she is released which is likely to be a while. She receives $1100 SS/mo for the kids because my son died. We want to keep the kids util she is sober and responsibly but not on her terms . Then we got to understand healthcare and school issues.
You need to speak with a local attorney to get this done. You said you've already lost an attempt to get custody, so I...
Is there a statue of limitations on a capias in DE?
A DUI occurred in 2005 and I failed to appear at the court proceeding.
Arrest warrants generally remain active until they are executed. A dui occurred in 2005, meaning I suppose you were...
Is it proper for a Delaware police officer to cite someone for Walking Drunk on a Public Highway, but release them immediately?
Delaware Law Chapter 175/2211 (b) "Any person incapacitated by alcohol except where apprehended under a criminal charge, shall be taken into protective custody, and forthwith brought to an approved public treatment facility for emergency treatment. ..." Delaware Law Chapter 175/2203 Definitions (9) "'Incapacitated by alcohol' means that a person as a result of the use of alcohol, is unconscious or has his judgment otherwise so impaired that he Is incapable of realizing and making a rational decision as to his need for treatment. ..." Can a person really be drunk enough so that, as a pedestrian, they are a hazard to themselves or others or property, yet they are still capable of making a rational decision as to their need for treatment?
You must have a reason for asking since your question and self-answered narrative seem more rhetorical than need based....
I received a subpoena in the mail as a witness for the state involving a DUI/Car Accident. I don't wish to go. Do I have to?
I understood that is the subpoena came by mail and not by a sheriff hand delivering then I don't have to honor the subpoena. True or not true.
It sounds from your description like this is a criminal case. Delaware Super. Ct. Crim. Rule 7(d) says that service...
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