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can i refuse a blood test
Yes, and no.
I am awaiting sentencing , my charges are Leander Law ( Activated DWI minor in car ) ( E - Felony ) ( First time offender ) , Leaving scene of personal injury accident , possession of controlled substance in the 7th , U . P . M . , and changing lane unsafely . ( All misdemeanors ) . I spent 2 months in jail , and just completed 6 1 / 2 months in in - patient rehab , i am currently attending outpatient . My legal aid wants me to take 5 yrs Felony Probation , but that's my first offer . Can it be dropped to a misdemeanor ?
The prosecutor could offer a misdemeanor plea but it is unlikely. You can ask your attorney if the court and the...
Received my license back in mail today after it was taken away in court after getting a DWI about 3 weeks ago. Why did this happen and what does it mean? I had also been charged with a refused breathalyzer. I haven't been to court since getting my DWI. Thank you for any input!
If it was a refusal, did you give the license in at arrest/arraignment? If so, did you go to a refusal and if so, did...
The judge ruled that after alcohol program and time was "served", My license would be reinstated with the PO's sign off. This was due back Jan 15th, its been 3 months and my PO just shoo's me out of office every time I ask about it. Should I contact the judge directly? I got a steady GOOD job and did everything they asked and then some (I've been sober[AA] for 21 months now), If I don't get this back in the next month I'll lose the job due to lack of transportation. I feel helpless. I know I messed up and am on the right track and I have no idea how to proceed. Please help!!! (I really can't afford a lawyer, if there's any other option)
You cannot contact the judge directly but your attorney can and should. He/she should be able to effectively speak to...
Should I bring my debit card transaction to the attention of my DWI lawyer-its exact time cops supposedly checked on my welfare
I was charged with a DWI while parked at a gas station.The stated reason for police contact was "welfare check".However,I checked with my bank and the time that I swiped my card for gasoline is the exact time the officers wrote on my ticket for checking on my welfare 1:48 am-all tickets say "on or about 1:48 am".I pumped $20 worth of gas(5 gallons)which I assume would amount to a few minutes of being outside my vehicle while pumping gas.Therefore, if the cops approached me "on or around 1:48am" then they must have seen me pumping gas in my car-so their reason for approaching me to check on my welfare seems wrong-pretexted.Is this a defense?I also have another credit card transaction which was declined that notes the transaction time @the same gas station 10min prior 2 debit card being used
Got DWI after cop approached my parked car for "welfare check", but was never asked anything pertaining to my well-being.
Was parked at a gas station and given a DWI.Newspaper article with my case and police report said the initial reason for contact (questioning) was to "check on my welfare". Car was off, lights off, was parked at pump, and returned to my car after pumping fuel.Neither police officer ever inquired about my well-being,rather they seemed as if they approached me on a whim that I might be doing something wrong--it was 3am.The entire time in custody before being brought to jail I was never asked anything pertaining to my welfare.Is this a reason to have my case dismissed?I found a similar case: http://law.justia.com/cases/new-york/other-courts/2011/2011-51556.html Note: I also refused breathalyzer tests.
The police do not have to check on your welfare. A judge will eventually determine if they had probable cause to...
I have one single DWAI (not driving a commercial vehicle) in New York back in 1997. I am moving to Florida later this year and am looking for a CDL job there. The application asks if I have any prior DUI's. I assume it means lifetime. How should I answer this question.
In Florida a DUI is a crime. In NY depending on which statute you were convicted it may not be. That's the difference....
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