Your current state is Virginia
car was parked by person #1 who left immediately after. Person#2 went inside to use bathroom while others parked. Person #2 went out to car and fell asleep in drivers seat for 4 hours. Neighbors called in wellness check and Police want to charge Person #2 with physical control rcw 46.61.504. Also... Read more »
answered on Jun 6, 2023
Sorry to hear. Unfortunately there is not a list of specific parameters needed to be considered in physical control of a vehicle. However, there is an important defense of being safely off the roadway.
In the opinion of the arresting officer, the vehicle might have been too close to the... Read more »
The letter just said DUI conseling by 05/15. But i dont know if that means to show proof of enrollment or completion.
answered on Jun 1, 2023
Typically, the court will set a sentence review and just needs to see progress towards completing all terms of your sentence unless the sentencing was a long time ago. Part of it depends how long ago you were sentenced.
If the court sees proof of enrollment and progress towards the... Read more »
I was arrested for DUI in November of 2019, and have yet to be convicted. The case keeps getting reset due to Covid and other issues within the court. It’s now been almost 4 years since my arrest. Does this count as being past the 1 year statute of limitations?
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answered on May 31, 2023
If the warrant was issued within 1 year of the incident, then it is timely initiated. Your lawyer could make a speedy trial motion, but it might just get you convicted sooner. Talk to your lawyer.
Ignored my multiple requests, doesn’t that violate my rights?
answered on Jun 3, 2023
Police only have to read you your rights (Miranda rights) if they intend on questioning you after your arrest. Once you are detained, the officers should mirandize you and only get a statement from you after you've waived your rights to an attorney and against self-incrimination. Anything you... Read more »
If you weren't drunk before a accident, but crash into a tree and drink alcohol after while waiting for police and a tow truck is it still a OUI even if u crash because u where texting and driving but you where sober at the time. no cop pulled you over and u where on the side of the road for... Read more »
answered on May 24, 2023
This is a great question. The answer is no. For a DUI conviction, the person must be under the influence of alcohol at the time of driving. Many people get into an accident while sober, drive or walk home, and then consume alcohol. These people will likely be charged with DUI based on the... Read more »
I am visiting my wife’s family in Cuba. We plan to fly to Canada, then fly from Canada to Cuba. If I was charged with DUI, but not convicted, will I have any problems flying into or out of Canada? I understand that if I drive into Canada it could potentially be problematic, but have heard if I... Read more »
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answered on May 16, 2023
When traveling to Canada with a DUI charge on your record, there is a possibility that you may encounter issues at the border, regardless of whether you are flying or driving into the country.
Canada has strict regulations regarding criminal convictions, including DUI charges. Even if you... Read more »
Privileges back. So what happens with the charges
answered on May 11, 2023
Hi - sorry about your incident. The others here are correct. When one is arrested for DWI and there was a refusal to submit to a breathalyzer, that triggers not only a court case, but an administrative hearing with DMV. The court case is independent of the refusal hearing conducted by DMV. If your... Read more »
Privileges back. So what happens with the charges
answered on May 11, 2023
The criminal charges are separate from the DMV refusal case. You will still need to deal with the criminal case, but depending on how the DMV case goes, you might get some testimony at the DMV that helps in the criminal case. Did the DMV judge give you your license back due to the officer not... Read more »
I have completed mental health program in nv can fl accept it as I did a substance abuse treatment
answered on May 10, 2023
You should contact the Bureau of Administrative Review, in Florida, to determine if your NV class will meet the requirements of Florida’s DUI level 1 school. Unless you live or work in a Florida County, you are prohibited from taking the FL DUI level 1 class. Thus, out of State classes should be... Read more »
I have completed mental health program in nv can fl accept it as I did a substance abuse treatment
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answered on May 18, 2023
You need to contact a DUI program in Florida and request a transfer of DUI school supervision/treatment to your home state. The Florida school will advise you which school and treatment provider in your area will satisfy Florida's requirements, will communicate with the NV program, and will... Read more »
I was convicted of vehicular assault 11 years ago, since it never leaves my record will it always show on a background check? I am looking into switching jobs but I am unsure of what restrictions this charge still has.
answered on May 9, 2023
Most times Vehicular Assault would be eligible to vacate after ten years. You might want to consult with an attorney to see if you are eligible.
It's not a "crime against persons" so in most contexts wouldn't be an automatic disqualification. But certainly would look... Read more »
hazards on at night time and my front tire was low? He ended up arresting me for DUI and suspended license and took me to the hospital and said he had a warrant to get blood tests but he never showed me the warrant. Is this case dismissable if we go to trial?
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answered on May 8, 2023
It is possible for a law enforcement officer to pull you over in California if they have reasonable suspicion or probable cause that a traffic violation has occurred. Driving with hazards on while in the slow lane and having a low tire could be considered a traffic violation, as it could be seen as... Read more »
Health but they refuse to give them any information or let him see him what rights do we as a family have to know his status we haven’t gotten any information
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answered on May 7, 2023
If your brother is an adult, the hospital and law enforcement may not be able to release any information about his condition without his consent. However, if your brother is unable to make decisions due to his condition, the hospital may be able to share some information with a designated family... Read more »
The other person we're exchanging information when I looked there they were saying they saw it all. Then they smelled the alcohol did the test on uneven ground. Plus I have scoliosis is there any way I can get help
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answered on May 7, 2023
If you have been charged with a DUI, it is important to seek legal counsel immediately. A DUI conviction in California can have serious consequences, including fines, license suspension, and even jail time.
As a second DUI offense, the penalties can be even more severe. However, there may... Read more »
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answered on May 6, 2023
Judges, commissioners, and magistrates are required to have certain paperwork on-site when presiding over cases in order to ensure a fair and just legal process. The specific paperwork required may vary depending on the type of case being heard, but generally, judges are required to have the... Read more »
He was lost and had no cell reception. He had a vape in his car. He was found in a ditch close to his car much later by police. Can he get a DUI if no one saw him driving and do not know if he smoked the vape before or after he stopped the car. He had no alcohol in his system and was later taken... Read more »
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answered on May 5, 2023
In many states, a person can be charged with a DUI even if they were not seen driving. The fact that your son was found in a ditch close to his car may be enough for the police to charge him with a DUI. The presence of the vape in the car may also be used as evidence against him. However, the exact... Read more »
revoked license 1990 reinstated 2021. my conviction is non reportable but i didn't complete dui school to end this action until 2021. which allows it to stay on my record for 3 more years. was that law or statute ever amended. And can they add the SR22 requirement? Because it wasn't... Read more »
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answered on May 2, 2023
It is possible that the requirements for reinstating a revoked license may have changed since 1994. The fact that the 2022 DMV printout now lists a requirement for an SR-22 indicates that this may be a new requirement that was not in place in 1994. It is also possible that the requirement for DUI... Read more »
Had a DUI last OCT. Had a wet reckless 9 1/2 yrs ago. Since it's within 10 years, in CA it's considered my second. The CA court says I have to be in a 3 month education/group plan. CA DMV says it has to be 18 months. I drive with a IID device in the car now. If I move from CA to FL how... Read more »
answered on Apr 30, 2023
Since Florida is part of the interstate compact, they will respect California's requirements for a 2nd DUI. In other words, you will need to complete the SB-38 (18-month program) before you are eligible to get your license back. And the SB-38 must be a California program (not a Florida... Read more »
Had a DUI last OCT. Had a wet reckless 9 1/2 yrs ago. Since it's within 10 years, in CA it's considered my second. The CA court says I have to be in a 3 month education/group plan. CA DMV says it has to be 18 months. I drive with a IID device in the car now. If I move from CA to FL how... Read more »
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answered on Apr 30, 2023
If you move from California to Florida with a DUI on your record, you may need to meet certain requirements in order to obtain a driver's license in Florida.
In Florida, if you have a DUI conviction from another state, you may be required to complete a DUI program that is equivalent to... Read more »
Had a DUI last OCT. Had a wet reckless 9 1/2 yrs ago. Since it's within 10 years, in CA it's considered my second. The CA court says I have to be in a 3 month education/group plan. CA DMV says it has to be 18 months. I drive with a IID device in the car now. If I move from CA to FL how... Read more »
answered on May 24, 2023
You will need to enroll in the 18-month multiple conviction program. The "wet" is priorable meaning it counts as DUI when charged with another. However, if you enroll in the 18-month MCP and get an ignition interlock device on your car California will remove any hold on your license and... Read more »
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