In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an...Read more »
Avoid incarceration? Unlikely. The biggest risk factors are his loose ties to the community and his history of failure to appears. I know people change, but judges see that and think "this guy can't be trusted to be out in the community to do the right thing if he can't even show up to court".
I was charged dui 1 both times, I've been working on that part of my charges, can I also be charged seperately though prosecuted for a felony for that same arrest. It was dui other both times, and same sentence for both. Now fearful of felony
The answer is it depends. Generally speaking, it isn't uncommon for DUI charges to start off as a misdemeanor and then be referred up to county for felony prosecution. I've seen this happen plenty of times before. It really will depend on the fats of your case and the way they charged it....Read more »
A wet reckless will be treated as a prior DUI, provided it occurred within the last 10 years. You need to hire an attorney to see if the first incident occurred more than 10 years before the most recent DUI, and thereby avoid facing the consequences of a 3rd DUI. Of course, even if it occurred...Read more »
DUI with a Minor + Injury is very serious. The Broward County State Attorney's Office will prosecute the case with vigor. In addition to the criminal penalties, you have only 10 days from the date of arrest to attend to the administrative driver license suspension. You should contact a local...Read more »
I got two papers in the mail, one is the form CCP 1013a, and the other one is what I'm confused about. It states "Notice of Decision", "Results of the Proceedings" indicating the two criminal charges I have are "I dismissed. Reason: Correction" It also has... Read more »
Not sure what your question is regarding, however, if you have a DUI, you speak with a local attorney to represent you in court and before the DMV. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should...Read more »
You should definitely talk to a DUI defense attorney, there are issues here to investigate. Obviously any coordination test performances will be affected by the injuries suffered by your son in the accident. Depending on the timing (and type) of the chemical test, hospital treatment can also...Read more »
Yes. But you should know there is no such thing as a "discovery packet". That is a phrase jailhouse lawyers use all the time, and get frustrated when told there is no such thing. "Discovery" is nothing more than facts or evidence the prosecution relies on for trial. In many...Read more »
This likely belongs in the criminal law section instead of products liability. You can usually get a free attorney (public defender) for free if you cannot afford an attorney. There are also some self-help programs at the courts.
There are 2 sanctioned ways the State can prosecute a DUI. The definition of Driving Under the Influence, is when a driver is seated in the driver's seat with the motor running, and "under the influence" of an intoxicant.
Idaho also as adopted a .08 level of alcohol so as...Read more »
If you are on supervised probation, then you cannot relocate without permission of either your probation officer or the presiding Judge until your probation is completed. That said, most probation officers and/or the Court will give permission to relocate as long as there's good cause.
My fiance got in a car accident due to the wheel guard falling off and catching under the tire and yanking him off the road on8/25,our daughter was in the car also. He had an energy drink 10 min before and blew a 0.1. This caused him to get an aggravated dwi charge and appearance to court date. CPS... Read more »
I got pulled over and was charged with the DUI a few months ago and I allowed the officer to search my vehicle and I told him where my firearm was they took it and the next day when I was released from the jail they didn't give it back how long are they allowed to keep it before I can have it back
If the firearm is evidence in the case for some reason (it doesn't sound like it, but for example, someone might also be charged with unlawful carry in addition to DUI), then they'll hang on to it for at least as long as the case stays pending in court. But if not, then they should be...Read more »
Almost certainly a #3rd Offense. Talk to your lawyer that represents you. You might get 30 to 60 days less incarceration with a pled 2nd and more than the minimum. Or you might try it and take a chance on serving 6 months or more. With a 2nd, it is a 2 year TNDL revocation.
My finance got arrested 25 years ago for 2nd DUi and his license was suspended. He has not had a license or license infraction or drove in over 25 years and would like to get it back. He wants to know can he legally get his license in other states ( does the Melanies Law apply only in the state of... Read more »
Assuming that your fiancé was convicted of 2nd offense OUI in Massachusetts 25 years ago, he may be eligible to reinstate his driving privileges in Massachusetts, providing that he has fully complied with all relevant obligations resulting from his conviction, including fines and fees. With...Read more »
As with most matters of the law and public opinion, there is a bit of truth in what you were told. The 18 months probably refers to the timeline for what people commonly call speedy trial (there is a statutory 6 month timeframe that applies in rare circumstances, then there is the 18 month...Read more »
Officer did not notify me that refusal to blood work would be sumisión of service report and notice of license suspension … he also stated on paper work that I was unable to sign a document when he never asked me to sign any paper work which I would have cooperated and signed … I passed my... Read more »
The arresting officer is required to provide you very specific advisements of your rights surrounding their request for a blood sample. If the officer failed to provide you correct notice, that would potentially invalidate a significant portion of the evidence against you. I would suggest reaching...Read more »
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