It is likely too late to undo or fix an error after a finding of guilty by a judge in district court. The best time to raise issues is before the trial with motions, or during the trial when the issues can be fixed. If you represented yourself the likelihood of preserving a legal issue for appeal...View More
You will need to vacate the default and get put back on the trial list. The prosecutor will normally agree to this. Then we would proceed by getting discovery and analyzing your case. Sometimes older cases raise problems for the state as witnesses (police) may have retired and moved away. At a...View More
I was arrested 10 years ago in New Hampshire for DUI and possession of marijuana. I was in the middle of moving out-of-state at the time, being a young and dumb 22 year old I left anyway without notifying the court or explaining to them my situation. Subsequently, I had a bench warrant placed out... View More
Was arrested for refusing breathalyzer, after passing field test. While being booked at the station, the officer started to read the miranda rights and I forget why I said, do u want me to read it? I think it's because he was flopping over words and with masks I cant hear him well anyways. He... View More
It sounds like this hearing would be an arraignment. You should contact a qualified lawyer that focuses on DWI defense near the location of the town that charged you. I would suggest that you look for a member of DUIDLA or NCDD.
I have attached link to FAQ about court on my website:...View More
You have been charged in the alternative. You can only be sentenced on one offense. It is common for the state to charge both an aggravated and a DWI 1st in many scenarios: a test over .16, eluding police, high speed etc. If state fails to prove the aggravating circumstance then court can...View More
Yes, a person can be charged with a DUI as long a police officer believes there is impairment from alcohol or drugs. This is a very subjective decision to charge a person. If you are charged with a DUI you should contact a lawyer that focuses their practice on defending them. I would encourage...View More
He asked for the breathalyzer an hour after arrest at precinct.Then wrote in report methadone,prescribed.Resulted from break down on the highway.Literally 2 secs after refused breathalyzer i agreed to it.The Sargent said it had been too long since the arrest.If thats the case why adminester one an... View More
There is a case in NH that permits a chemical test to be admitted 2 hours after driving. The circumstances of request to test are important and make a difference. If advised of ALS rights, then the issue becomes was the rescission reasonable.
I saw a cop turn around and was nervous, he did not have his blues on. I pulled down a side street and parked in a random driveway. He then pulled up put his blues on and arrested me for dui after a field test.. but is trying to charge me for aggravated dui for eluding him, but why would he hand me... View More
The charges are in the alternative. This means that the state may seek the enhanced penalty that an aggravated DWI carries if they prove the eluding. As a fall back the state can rely on the the DWI 1st offense.
It is important that you talk with a qualified DWI attorney ASAP. You have...View More
Female over 21, with prior DUIs, is stopped again, given a breathalyzer results were a .02, and she also passed the field sobriety, did not consent to blood test (because she passed other 2 tests)- Can officer demand the 3rd test -Blood test- with no other indications of intoxication?
Looks like you're asking for a friend. So I'm not sure exactly what the facts of the case are. But the police officer has to have probable cost to pull her over. You also suspected that she was probably using an illegal drug. And if you go suspect that he can ask her for a blood test. And...View More
Repeatedly told the officer that he would take a breathalyzer but the officer refused stating that he needed a blood test. My son faints with needles or the site of blood and he refused. Is his refusal considered an admission of guilt? A urine test was not offered.
In Alabama, it is actually a pretty good defense when the individual does not take a test. Even though there can be further repercussions, such as a lengthier drivers license suspension, there is NO HARD EVIDENCE to prove guilt beyond a reasonable doubt. A breathalyzer done on the side of the...View More
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