I received a DUI almost 10 years ago to the day that I received a second DUI I went before the judge my lawyer said it was best to plead guilty (court appointed) I did. I did everything I was ordered to do no infractions what so ever and had a Interlock device in my car until it was deemed... Read more »
Can you clarify your question? What do you mean by ALEA overriding the judges order? Are you referring to them removing a restriction from your license or have they indicated they believe you still require a interlock device regardless of the judges order?
I am not sure exactly what your question is, if you reply and clarify I would be glad to answer. I assume your question is about how to get your car back. If you know which law enforcement agency impounded the vehicle you can call and see if they will give you release instructions. If you do not...Read more »
No criminal history at all, was not intoxicated. Blew a .084 both times he tested me in the field and was under the legal limit at the jail. They held me for 5hrs and I was released with my DL. I need my drivers license for work to make a living. Is there any way I can get this dismissed and not on... Read more »
DUI charges are very complex to defend. You may be eligible for pretrial diversion, but that will depend on your DA's office policies and if you have a Commercial Driver's License, CDL. If you really need to save your license, you should get an attorney involved as soon as possible.
I had just arrived at my home. Parked my car, locked it and had gotten out of the vehicle when an officer proceeded to come onto my property and forced me to take a breathalyzer. This is my first offense for a misdemeanor DUI.
There are many factors that go into what the likely outcome would be. A good lawyer might be able to negotiate with the prosecutor and reach an agreement in which one or more of your charges is dropped. Alternatively, a lawyer might be able to win your case either on a pretrial motion or at...Read more »
3rd dui happened in 2012. Plead to it in 2013. Did my time and am off probation. Had to move to alabama for work but could never start dui class in cali cause of cost to do it. But now I'm in Alabama and have no clue which state laws I would be required to follow in order to begin process for... Read more »
I was a passenger it was my vehicle I was fine to drive the vehicle and we were pulled over in our driveway (our destination) and they did not pull us over until we had already pulled into the driveway and we're getting out of the car. I was just curious to if it was justified for them to tow... Read more »
I was behind the wheel and had muscle spasms which caused me to swerve around the road and my friend helped me pull to the side of the road. Someone saw this and called 911. The police found a drug on my friend and arrested him but I hadnt taken any of it. I recently started taking an SSRI anti... Read more »
For a 4th offense dui which is a felony. The reason why I asked about a motion to surpress. The officer used to different names,the times are not right. An he also stated on my report he lost site of view of the vehicle. He stated I ran off the road.Then he said he clocked the vehicle doing 46 in a... Read more »
I was given a new court date of Sept 8. Im from Tn. This happened in Alabama. How long does Alabama have to take me to court on a DUI? Did they mess up and leave me in jail too long? I never saw a lawyer or a court room. Never assigned an attorney. Nothing. It feels like they messed up and... Read more »
There are two basic possibilities. First: You may have a suspended jail sentence hanging over your head from those old cases. A DUI conviction could cause that suspended jail sentence to come crashing down on your head...IN ADDITION to whatever happens to you on the DUI case. Second: If you...Read more »
I was charged with a DUI, and the prosecution had no evidence, and finally dropped the charges 18 months later. However, they said they would only drop the charges after i signed a waiver. Isn't that extortion?
No, this is no extortion. This is typically something the prosecution will do to keep you from bringing a suit against them at a later date. It is perfectly a good trade off -- "We won't sue you if you don't sue us..." If the prosecution tried to, at a later date, bring...Read more »
I was arrested for a DUI, where i blew a 0.00, and the cop lied (I can prove it). It never went to trial, and they finally dismissed the charges against me after 18 months, and numerous missed days. It cost me a lot financially, embarrassment, and anxiety. It's put my career in jeopardy as... Read more »
In most cases, you cannot sue a municipality because of governmental immunity. Additionally, even if you attempted to sue the city, they could turn around and prosecute you for the DUI. You entered into a contract that you would not sue them if they did not sue you. Because there was a legally...Read more »
The Court will sometimes set up a payment plan. However, they will normally require that you are on probation until all the fines and court costs are paid. Probation normally means more money. It would be very well worth your while to contact an attorney to discuss your options. Feel free to...Read more »
Was there anyone else in the car with you? If the police pulled up and you were passed out in the car and you were the only one in the car, the police could reasonably draw the assertion that you were driving the car and give you the DUI. Feel free to give me a call to discuss your case.
I would need a little more information to answer your question appropriately. First, there should be some evidence -- such as a police report. Even though the police report may not be admitted into evidence because of the hearsay rule, the police himself could testify as to what he observed....Read more »
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