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Son was intoxicated and while being questioned paraphernalia fell out of his pocket
Student, was intoxicated, officer handcuffed him after he wouldn't take the breathalyzer. Pill bottle fell out of his pants which smelled like marijuana. The officer frisked him and found a pipe. He spent a night in jail and walked back to his dorm. This took place in Nelsonville OH. Appeared for the preliminary and was told he needed a lawyer or would loose his license.
Was your son additionally charged with a DUI, or underage possession or consumption of alcohol? If so, there are...
Son was intoxicated and while being questioned paraphernalia fell out of his pocket charged with m4/ was this arrest legal?
Student, was intoxicated, officer handcuffed him after he wouldn't take the breathalyzer. Pill bottle fell out of his pants which smelled like marijuana. The officer frisked him and found a pipe. He spent a night in jail and walked back to his dorm. This took place in Nelsonville OH. Appeared for the preliminary and was told he needed a lawyer or would loose his license.
Yes, based on you account of what happened.
Do you think I should take the deal from DUI to physical control?
I am an international student in Cleveland I was convicted with DUI on January 1st in Columbus so after the 2nd court trail we have a deal of 'physical control' and three day class for non alcoholic related, we kept the deal on table and trying the jury trail on March 26th so do you think I need to take the deal or fight back till it goes off record. I want to know in a long run if I want to change my visa From F1 to H1 in future would affect it or in my employement.
I cannot speak to the immigration issues. It sounds like you may have an attorney for the DUI. That is the attorney...
How many vials of blood are required to be drawn in an OVI blood draw?
I was arrested for OVI on 9/4/15 and the officer offered me a blood, breath or urine sample, and I chose to provide a blood sample. The officer took me to the hospital where the nurse drew ONE vial of blood, the officer put it in an evidence bag and we left. He cited me for OVI and then released me. He received the results on 10/13/15 and he filed charges on 10/14/15. How can I possible obtain an untainted sample? There is only one vile of blood, and the crime lab had to use it to test it. Shouldn't the officer have directed the nurse to draw 2 vials of blood so that one vile was preserved for the defense? is there enough prejudice to have the results thrown out?
As long as the original vile has been preserved, you can still require independent testing. There are strict...
In OHIO when is a person considered under "arrest"?
I was pulled over for OVI and the officer made me do field sobriety tests, then put me in cuffs, took me back to the police station. He read the BMV 2255 form that stated I was under arrest, and made me submit to a breathalyzer. He released me to my family shortly after. Was I under arrest under Ohio law?
Whether you are under arrest depends on the circumstances. The actual question you should ask is "were you in custody?"...
Was there probable cause to pull us over? Also they had not breathalyzed me, so does that make my case any better.
My girlfriend and I were walking home from a formal. We are both 20 and had a small amount of alcohol. Upon walking back the police had come up along side of us in their cruiser and asked if everything was okay. To both of our responses being "yes," then had then proceeded to pull ahead and off to the side of the road. They had got out of their car and asked us to come over. They had then asked us if we had been drinking and for IDs. Looking back on it we were not stumbling and when I had responded, I had only had two or three beers the entire night, so I was not slurring. I did have some mud on my pants around my knees from when I knelt down earlier.
The existence of probable cause to detain a person for an investigatory stop is a case-by-case type of situation. From...
Second OVI - SCRAM Device
I was charged with my second OVI (not a second in 6 years). I have only had an arraignment so far, but probation called me and said I had to pay for a SCRAM device. I haven't applied for driving privileges yet and the probation officer said that since I didn't respond immediately he was going to revoke my bond. Can he force me to use a SCRAM device at this point in the proceedings and can he revoke my bond because I didn't respond to his call for a few days?
I hope you have an attorney for your OVI, and if so you should discuss this with them. A review of your bond...