Sargent Crime

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Sargent Law

Can I get a suppression on a breath test if the officer denied my request for an independent test?
Sunday morning at approximately 2:00am I was arrested on suspicion of DUI. I was pulled over for allegedly failing to come to a complete stop according to the officer, a failure to obey a traffic control device. I performed three FSTs which the officer said I failed. He gave me a PBT test which indicated an illegal BAC at which time I was placed under arrest and taken to the station for a Breathalyzer test. The Breathalyzer machine indicated a level of .152, however, prior to administering the test I asked in plain English if there was an option for me to get a test of my blood for myself or if this was the only test that I was able to take following his breath test. This was conveyed to him at least twice and he both times indicated that is not an option/available to me. I read in the Nebraska Statute 60-6,199 that if he refuses to permit me to do so that the States test is not admissible. Does it seem feasible to get his test thrown out? My lawyer offered cautious optimism depending on what the tapes will show.
You have a lawyer so you should continue to discuss this with them. I'm sure once you receive the tapes there will be...
Is there a chance to remove this DUI from my record?
I am 22 years old with no previous offenses. I recently was pulled over while driving home late on a Saturday night when I was pulled out too far at a red light. The officer breathalyzed me and I blew a .12 (over the legal limit). There was three other passengers in the car with me who received MIP's. I'm trying to go to law school, and I'm a college athlete with a near perfect GPA. With a good lawyer, is there any chance a DUI could be removed from my record?
Perhaps, best to hire that good lawyer asap to advise after reviewing all the facts and evidence.
Can my DUI case be revoked?
While I was pulled over driving home the other night for pulling out too far at a red light, I was asked to take a breathalyzer. When I asked about the opportunity to take a blood test instead, the officer denied. After blowing, the officer refused to reveal my BAC to me when I asked. I was arrested and taken to detox where several officers referred to me by the name of a passenger in the car who received a MIP. At the scene of the crime I was told by the officer I was receiving 2 citations. 1 for careless driving, and 1 for a DUI (I later found out on my ticket, my BAC was .12) but the paper I received only states a total of 1 citation. On a few of my papers, my BAC level isn't even stated nor is my name on several sheets filled out by the officer. Is this enough of a case to possibly receive revocation?
No, typographical errors and omissions are not grounds for dismissal. Consult a good DUI lawyer in your area right away.
DUI AND CUSTODY
Is a judge likely to grant temporary custody against to parent who (going through a divorce) got a DUI ... Second offense (first one was 7 years prior) and could be looking at some jail time but has not been to court yet. The children were not involved and were safe at home. The mother (who got the DUI) is bipolar and borderline but is treated and both the therapist and the psychiatrist say that she is stable as long as she is not drinking. In a period of 18 months she was completely sober but did have a hypo manic episode where she was spending lots but nothing that ever put the children in danger.
I would say it is doubtful that the court would grant the temporary custody just soley based on the allegation. She...
In Nebraska, when is driving while revoked considered a felony?
When doing research, i noticed that Nebraska can treat a driving while revoked case as either a felony or a misdemeanor. What are the circumstances that would cause a driving while revoked charge to be a felony rather than a misdemeanor?
If a person is subject to a 15 year revocation, which can be the result of multiple DUI convictions, and is caught...
Will this effect me?
I currently have an interlock device in my car and got a ticket for no registration on my car. Will this effect my non adjudication?
Not sure what you mean by "non adjudication". Get the registration and get in compliance with the law and you should be ok.
What should I expect in court for multiple drug offenses?
In June 2016, I got a ticket for 4 drug/alcohol related misdemeanor offenses. I went on NE Diversion but got kicked out after I failed a drug screen. This week I have my day in court and I have no idea what to expect.
This is too vague to give you an answer. MIPs are very different than Possession of a Controlled Substance, which is...