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My daughters father was just sentenced yesterday for a violation charge with another dui. what could he have gotten?
He already served a yr on the last dui and had been out a yr and got arrest for this dui felony (2) (c) and disreguard to traffic device. He was picked up for violation of probation a few weeks later. Court was postponed twice and he was sentence for all 3 charges yesterday. I want to know what he could possibly have gotten since I haven't heard anything yet. He already has record of rehab.
If his probation was revoked, the judge has broad discretion in re-sentencing and in most jurisdictions, can impose...
Can I get a DUI other charge thrown out if they can't prove that I was under the influence of a controlled substance?
I went through a roadblock recently and they smelled marijuana and saw that my eyes were blood shot. I hadn't smoked in the vehicle and it had been a few hours since partaking of the drug. But ignorantly I had admitted to smoking 3+ hours before and they found a friend's used pipe and his empty container that had held weed. So I was arrested and charged with possession of paraphernalia and a DUI other. From what I've been able to ascertain - in order for a DUI other charge to stick, the state has to prove I was under the influence and that it affected my driving ability. However, I wasn't given a drug test nor a sobriety test. So do I have a chance of the DUI charge being dropped?
Your admission plus the pipe and the smell is probably enough.
I went to court last week - guilty of DUI I.
Talk to your attorney. They are in the best position to answer your question.
Did the arresting officer have probable cause to initiate a traffic stop which resulted in a DUI 1 arrest?
I was driving correctly in Mendenhall, Mississippi, on July 1, met a patrol car on the street, and he immediately did a U-turn and pulled me over. He stated, "I've had a call about you," which was his reason for stopping me. I had earlier backed into a ditch while turning around, received help from several people getting pulled out, so that must have been the source of his "call." Does that constitute probable cause for his stopping me?
More information is needed to make this determination. The audio is probably what we call the caretaking function as...
How can I gain a copy of the alleged phone call from a citizen to police which led to my being stopped and a DUI 1 charge?
The arresting officer in Mendenhall, Mississippi, stated that a call from a citizen was his reason for stopping me. An anonymous phone call in Mississippi does not constitute probable cause.
File a Freedom of Information Act request with the arresting officer's local office. You might not be able to get the...
I was recently stopped during a road block. The officer gave me a field test in which he said my eyes were shaky and I might be under the influence of marijuana. I was taken into custody, but never was given a drug test. Can I still be convicted even without a test?
Yes, it is possible to convict someone of a DUI without any scientific evidence. The evidence may depend on the...
My step-daughter got a DUI, and my husband thinks that if the officer who gave her the ticket doesn't show up to court that the charges will be dropped. Her blood alcohol content is on record, and she hit a stop sign. She was also charged for having drug paraphernalia. She is 18. In Illinois she received a drinking ticket at age 17.
If the officer is not there at made the initial arrest, then the state will most likely ask for a continuance and...
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