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DUI / Headlight out is not illegal
I was driving home last week from the bar and I got pulled over for having a headlight out which is not ILLEGAL so when he smelled alcohol on my breath I got the sobriety test where I walk and do tests and I failed every one miserably I fell a couple times. My BAC was .34% so not sure if I will get impaired driving for this or not but while I was talking to the officer he said he would suggest i fight the DUI because he shouldnt have pulled me over for the head light out and he said it was out but its not illegal so the sobriety test is inconclusive so i shouldnt get charged with a DUI. do i go to court anyway or should i just skip it all together since it'll be thrown out anyway??
I have never heard of a police officer telling someone they stopped them illegally. I would image in the police report...
Will I be drug tested for enhanced DUI? I live in FL.
I was arrested for Enhanced DUI and it's my first offence. I also smoked weed in the same time frame and I have a status hearing in a few days. At first my lawyer told me i didn't have to go, but he called to say he's expecting a plea bargain with probation and he wants me to be there just in case. What I'm worried about is that if I do accept it will I be drug tested that day? If I fail the first drug test how negatively will it affect my case? I can promise I've forsworn all drugs after this horrible experience, I just want to know what's the best way to handle this, thanks for answering.
You won't likely be drug tested that day but this is a question you should be asking your attorney.
How can I go about proving to FL DMV court requirements in a DUI case?
In 2012 I was arrested and charged with DUI while living in Orlando, FL. Long story short I was not convicted until 02/2015 but I have successfully completed all court requirements and have a few months left with probation. In my particular case the interlock device and impound were waived due my NOT HAVING A CAR and not really in a situation to rent or buy one right now. I now live in Cincinnati, OH and am trying to at the least prepare for getting my OH license (leads to better job opportunities) however I need to get the Florida suspension lifted. The FL DMV has been very unhelpful in answering questions. Had one lady tell me she did not care what Judge said or plea deal was arranged. If court plea deal was waiver of Interlock and impound would that not apply to DMV?
Hire an experienced attorney licensed in Florida to help you get the suspension issues resolved, then Ohio will honor it.
If I'm required by law in the state of NC to have an interlock device, can I drive a rental in Florida when on my honeymoon?
I was required by law to have an interlock device on my car for 3 years in the state of NC. I have been a little over one year so far.
You can do what you want.... until you get caught... Although I suspect that the answer is no this sounds to me like...
Can I fight a DUI Suspension that was not even a DUI Charge? The charge was turned in as Driving on a Suspended 1st offense.
I was stopped and charged with Driving on a Suspended 2nd offences in April of 2015. In August I had a hearing and the charges were dropped to Driving on a Suspended 1st offense. Now three months later, I get a notice from the West Virginia DMV stating that my license will be suspended for 1 year for DUI. While my BAC was .05 which is under the legal BAC of .08 in West Virginia there was not charge for DUI even discussed. I have talked with the arresting officer who also agreed that there was no DUI charge and that it was only driving on a suspended 1st offense that was turned in to the DMV. I attempted to explain to her that the charge was not DUI but she would not listen. I moved to Orlando Florida just after the hearing. I am just at a loss as to what I can do.
It sounds like your problem may be the result of something specifically about West Virginia law because I don't know of...
What will appear on my dmv record say if I were to rent a car? DUI? reckless? nothing since I was never technically convicted?
I was arrested for DUI but since it was borderline I did a pretrial diversion program to bring it down to reckless driving adjudication withheld. I am going to visit a friend in California and need to rent a car. I know some places do driving record checks. What will show up when I try to rent the car?
If you completed Orange County's pre-trial diversion program for DUI, then they would have dismissed it. In which case...
How do I get a "failure to complete substance abuse program" off of my record?
I was arrested July 2009 for DUI in Orange County,FL. After refusing pretrial diversion, I got a public attorney to fight the case. During which time i was referred to Florida Safety Council to do DUI course. After course the counselor referred me to treatment. I never did the treatment sessions because my case got dropped because arresting officer was suspended a month after arrest for falsifying arrest reports. How do I get this off of my record since it is denying me of job opportunities and a military position? Do I have any grounds to sue for lost wages since I was not charged for any crime and was not sentenced by judge to do this course in the first place? Thank you for your response.
You will most likely only get it off you record by completing the class. You have no right to drive in FL (or...
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