They often do. But they just as often can come up with an excuse. The vehicle code is extensive and within a couple minutes they can find a reason to stop practically anyone. Having said that, we file many motions to suppress evidence for a BAD STOP...These 1538.5 motions are difficult, though...Read more »
If you BAC is under .08, the DMV will not take action against your license which means you will not suffer a hard suspension (on a first DUI). You are also unlikely to suffer any kind of soft suspension either.
I got my 2nd offence DUI in 2010, I served time but got a failure to appeare on my second follow court, so now I have a bench warrant.. During that time I was on a deployment in Asia, following that I went to Afghanistan and just got back in October 2012. I was just honorably discharged today, I'm... Read more »
Sorry nobody replied to this sooner, but here's how you would handle it:
There should be no trouble going to court with documentation of why you were unable to make the appearances and get the FTAs forgiven 100%. You could accomplish this with counsel or on your own if you feel comfortable...Read more »
Statutorily, the 20 year old is at risk of looking guilty and thereby suffering arrest, jail, a criminal proceeding and more should the authorities become aware of the relationship. If nobody ever says there was a physical relationship, the trouble may go away, but it will have been a nightmare...Read more »
If police overlooked a live webcam that could have vindicated my friend of all charges, a feed that tapes over itself every hour that could have been saved had it been requested, can my friend move for a mistrial? I know the police knew that camera was there, everyone knows about the wavehouse... Read more »
I am surprised that this question went unanswered, but for those who run into a similar situation there are two choices on how to handle this. One is to simply appear at your own expense. The other, is to hire an attorney who is California can be authorized under penal code 977(a) to appear on...Read more »
CHP did not read the miranda rights before arresting me and did not give form filled out for 30 days temporary driving rights when he took my license. I was arrested same night and released following day at 3 pm on my own recognizance pending court date.
A no contest or nolo contendre plea would be the same as a guilty plea. If your BAC was .08-.09 you need to fight the case. The fact that you were not read your rights is unimportant in a DUI arrest in California, but the failure to follow other procedures may lead to issues which can be...Read more »
I know this issue is probably long past, but I couldn't resist. While it's true that you becoming an uncooperative witness can make the prosecution less sure of their case, they will not give up simply because you are going to testify differently from what you told the officers who responded on...Read more »
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