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My field PBT and blood test indicated impairment at 0.14 and 0.135 respectively. However, I blew zero on two PBT machines at the jail and was released immediately. Does this technicality have a chance of helping me to try for a reduced sentence?
I would certainly explain these facts to your defense attorney. Even though PBT results may not be admissible in court (...
I was arrested for DUI. I refused the blood test because I am almost positive he had no probable cause to arrest other than the fact that I invoked my 5th Amend. right to refuse field tests. If a cop asks me about a bank robbery , and I say I don't know anything or don't answer, that gives him reason to believe or probable cause that I did it? Anyway they got a warrant. Results were .06. Will they take my license for refusal even when case was dismissed? Should I site McNeely case as a defense at Adm. hearing if there is one. Can the judge just decide to give my license back or is it out of her hands. How in the world can a state law say that if you exercise your 4th Amend. right, you will be in violation of the law? How can a cop have prob. cause to arrest with nothing but invoking 5th?
There are two separate laws.
So it has been over a year, I got charged with reckless driving with a fine of over $700, currently have a bench warrant out. Will it be possible if I go and pay the fine? And be done or will I have to go to court for this and sit the time? If so how long?
With a warrant outstanding it is doubtful you can just pay fine without a court appearance. You should contact local...
I was recently picked up for DUI 2nd. I have a special needs son who has therapy several times a week and attends public school only part time. I live 20 miles from the nearest therapy site. Hopefully I'll be able to obtain a work permit (self employed) but this doesn't cover therapy/school issues. Do the courts basically state that stay-at-home moms and/or homeschooling moms (especially with a special needs child) don't have a "JOB?" Hoping to find some way to keep attending therapy.
As it has been 3 days and no one from your state has answered, you really need to consult with a local DUI defense...
If I take the stand in my DUI case, can I respond to every Question from the prosecutor with the same answer?
Can I use the response, "I was neither intoxicated nor impaired on Sunday, Nov. 10, 2013 at 2:24 AM." Can I say that for every question? I don't see why not? Truth is blood test was .06, passed 2 FST on video, and displayed NO signs of impairment at all in jail booking room video either. Test was done 1 hour after arrest.
If what you're saying is accurate, you should hire an attorney. You may be able to avoid trial all together. If not,...
Missed letters on alphabet test, but officer didn't catch it and said I passed it on two of his reports. was he impaired?
Why can't I say I was just as impaired as he was- which is not at all. He obviously didn't pass either with all his so-called training and experience. So if he can't pass his own test, why should I be considered impaired if he isn't?
Hopefully you have, or will shortly have, a competent attorney to represent you. Nothing you've posted here provides...
I was charged with dui. prosecutor issued warrant for violating conditions of previous case- revocation of jail sentence. dui was dropped due to no prob. cause. I went to jail twice for a dui essentially. All 4 criteria are met for malicious prosecution. Can I sue?
Contact a lawyer in SD to discuss your case. In my state, Colorado, it is very difficult (nearly impossible) to sue a...
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