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Was I arrested with sufficient probable cause at a DUI checkpoint? Furthermore, if not, can I reverse implied consent?
He smelt alcohol in my breath (I presume this allows for detention). Initially he asked for a breath test on a portable device, I politely refused. He administered 4 FSTs, 2 standardized. (HNG, reverse counting (104 to 56), alphabet starting at E, 1 leg balance). I'm certain that I did well on all tests except for having to set my foot down on the balance test after roughly 20 seconds. This is only 1 sign of the 4 signs; 2 signs are required to establish probable cause if I recall correctly. I was given implied consent warning in the squad car, implying a breath test would be taken on the portable breath test. I thought portable breath tests were only used to establish probable cause so I refused. Was he digging for probable cause? Or did he already establish enough to arrest me?
A review of the entire arrest affidavit would be needed to figure out your concerns about probable cause. I suspect...
What do I do to petition a judge to get my license back. had two dwi.
had license took for 5 years but can legaley get them back now
It isn't quite clear from your question, but it sounds like you need to contact the department of revenue, who will...
Is it probable cause or reasonable suspicion to avoid a sobriety checkpoint?
If someone were to turn into a gas station parking lot and turn onto another street to avoid going through the checkpoint, would that be enough evidence a cop needs to make a stop? It could be proven that the checkpoint is invincible from this angle.
Absolutely it is probable cause for a stop.
Is a third DWI always a felony?
I just received my third DWI and just wanted to prepare myself for the outcome I also have a child that I have partial custody of and was wondering if his father could get full custody if I were to go to prison.
Please review Section 577.023, RSMo. It will always be a felony if the prosecutor decides to charge it as a felony and...
DUI from other state never showed up on driving record
In August of 2002 I got a DUI in Illinois but had a Missouri license. My Illinois lawyer told me Illinois couldn't suspend my Missouri license but that they could suspend it when Illinois sent the information to Missouri. It was never suspended and it isn't on my driving record. I was just at the dmv to update my address and heard them asking people if their license has ever been suspended or revoked. This must be something new they are asking because I've never been asked this question. When I renew my license in 2019 I am not sure how to answer this question. My license hasn't ever been suspended but my driving privileges in Illinois were taken away for 3 months. I am very confused but also don't want to bring it up if I don't have to, as it's been 13 years.
This is probably better posed to a MO lawyer but my suspicion is that when you apply for renewal MO will run PDPS and "...
Can a drug admission at a hospital be strong enough to be used against you in court?
A good friend of mine recently got himself into trouble. He was operating a motor vehicle while intoxicated (not on alcohol), and when he crashed (not terribly bad accident just fender bender) he was taken out of the car, cuffed, sat on the sidewalk and talked to for a bit, and then taken to a hospital. Apparently he wasn't actually arrested since when he left the hospital there was no bail and he ended up going straight home (had to have a sober ride pick him up). While he was in the hospital however, apparently he admitted to taking a drug earlier that day before the accident and it states he admitted this in a hospital document. We are wondering if this could be used against him in court to turn his charge into a DWI?
Admissions can be used against him if the city subpoenas the medical person to testify at a trial. His blood work...
Will a motion to suppress work.
I was arrested for dui. The officers probable cause is that I ran a red light that doesn't exist(I have good photos and videos to prove it). The real reason the cop pulled me over is due to my avoidance to an upcoming sobriety checkpoint. I drove through a business parking lot and then turned onto another main road. All of my turns were legal.
I suspect the officer's story is different than yours. However, if your story is accurate, you have a good suppression...
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