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I was arrested for DUI. I refused the blood test because I am almost positive he had no probable cause to arrest other than the fact that I invoked my 5th Amend. right to refuse field tests. If a cop asks me about a bank robbery , and I say I don't know anything or don't answer, that gives him reason to believe or probable cause that I did it? Anyway they got a warrant. Results were .06. Will they take my license for refusal even when case was dismissed? Should I site McNeely case as a defense at Adm. hearing if there is one. Can the judge just decide to give my license back or is it out of her hands. How in the world can a state law say that if you exercise your 4th Amend. right, you will be in violation of the law? How can a cop have prob. cause to arrest with nothing but invoking 5th?
There are two separate laws.
Missed letters on alphabet test, but officer didn't catch it and said I passed it on two of his reports. was he impaired?
Why can't I say I was just as impaired as he was- which is not at all. He obviously didn't pass either with all his so-called training and experience. So if he can't pass his own test, why should I be considered impaired if he isn't?
Hopefully you have, or will shortly have, a competent attorney to represent you. Nothing you've posted here provides...
I was charged with dui. prosecutor issued warrant for violating conditions of previous case- revocation of jail sentence. dui was dropped due to no prob. cause. I went to jail twice for a dui essentially. All 4 criteria are met for malicious prosecution. Can I sue?
Contact a lawyer in SD to discuss your case. In my state, Colorado, it is very difficult (nearly impossible) to sue a...
My got arrest 32 days ago and was just now arraigned, I retained a lawyer for him that represented him before. I went and and I asked the lawyer if he was going to ask the judge if my spouse can go to alcohol treatment because they have a bed ready for him. the lawyer stated no not this time. Instead he stated he is going to do time in prison. he will be released in the fall. I asked him if he can at least get on bond he stated no I want the time he is serving to go towards time served. he was arrested for the 5th DUI and today is was read to him it was his forth. he was on probation for his 3rd which he violated when he got arrested at a different county. the lawyer did not even mention bail at the hearing. can I bond him out? was he violated? I don't feel good about the lawyer now.
He has an attorney. I would hope that attorney is doing his job. If you feel the attorney is not you can seek the...
my spouse is facing jail time for probation violation for the 4th DUI and he is currently in jail for the 5th DUI. we retained a lawyer, the lawyer stated to my spouse that its jail time. the lawyer stated that the county where he was put on probation, the judge is very upset. what can I do help him with his case?
Has he tried counseling, and substance abuse programs? Does his attorney use these methods of defense?
If a person has 3 DUIs will they go to prison and for how long? if they servered 13 yrs military and have PTSD canthey gethelp
It's difficult to say how much jail time might be involved without knowing more about each of the cases, including...
I was pulled over in Sioux Falls South Dakota for DUI And blew .12,and about an hour Later received a blood test.I have no prior legal record or moving violations, I do have a CDL I need for my job.I was told I would probably qualify for a suspended imposition so at the pre-trial do I plead guilty or not guilty? I was told plead not guilty and then we'll go to a disposition with the state's attorney?I've been getting conflicting stories from other experienced people,An ex bailif of 10 years tells me to plead not guilty but research told me to plead guilty.... any advice would be greatly appreciated thank you very much!
Before pleading guilty you should consult with an experienced DUI attorney in you area, especially with your CDL on the...
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