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Double Jeopardy?? My reasoning is based on single criminal episode. "The order of dismissal concludes that in pleading to the civil traffic infraction, Knowles admitted an essential fact necessary for proof of the DUI charge: that Knowles was in control of the vehicle for both offenses. Thus, Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990) bars the subsequent criminal prosecution. The order notes that characterization of the two proceedings as civil or criminal is not a determinative factor for purposes of double jeopardy analysis. See United States v. Halper, 490 U.S. 435, 109 S.Ct. 1892, 104 L.Ed.2d 487 (1989)."
No, pleading to a seat belt violation does not in any possible way bar a subsequent prosecution for OVI.
I've had no trangressions since then. I was just legal then and am older and wiser now.
Unfortunately, DUI convictions cannot be sealed or expunged in the state of Ohio. Ron Frey Cleveland Criminal Defense...
While i was at a party I went to the bathroom, but when i came out, there was a cop at the front door. Not knowing who it was i stupidly answered it with a 12oz can of beer in my hand that was open. He then i asked if my parents were home and I told him that it was not my house. He then asked me to go get the owners of the house but when i proceeded to close the door he put his foot in the way and then asked me my age. I told him the truth and went down to the basement to go get the owners. while i was down in the basement i left out the window and hopped the fence and ran home. The party ended up getting busted and someone ended up saying my name. The cops came to my house and said i had 3hrs to turn myself in. so i went to the police station and while i was there they never breathalyzed.
Your name being misspelled is not going to be an error sufficient to avoid the charges.
I received a citation for underage drinking, but my name is misspelled. Is there a way to get the charge dropped because of this? Also, I have heard of the term misnomer,but i do not fully understand it.
See my other answer to your question. You really need to contact a local attorney.
i have been a permanent resident since 2003. never commited any crime. is it better a OVI "physical control" which a less charge no points no probation or is it better to get a wreckless driving? for n400 purposes?
You may have problems trying to prove "good moral character" for naturalization purposes. Consult with an experienced...
This is for a DUI charge and I have already been arraigned, I didn't know what to do so I plead not guilty and now I want to change it to no contest.
You may well have valid defenses, and even if things from your point of view right now, not ever having been through...
I was sitting in car after bar closed with a friend listening to music very loud- I was tipsy. The car was in parked position. my friend was in passenger seat- Cop pulled behind car and question me drinking - I admitted to drinking as I didn't want to lie he took both of our drivers liscenced back to car- had me get out of car talked to me told me it was wrong to be sitting in car even if im not driving. He did not do breath test OR any sobriety testing. I did NOT refuse tests- the cop simply did not do them. He did not give me a written warning but told me to find a ride to take me home. he gave our liscence back . Can I still get summoned to court I am SO scared.
You CAN, but it's almost guaranteed that you won't. Without FST's, a breath test or an observation of the vehicle...