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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... View 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... View More
answered on Mar 11, 2023
The legality of blood tests in alcohol-related driving offenses varies by state in the United States. In some states, there are implied consent laws that require drivers to submit to a blood test if they are suspected of driving under the influence. In other states, a warrant is required to compel... View More
Seams like a violation of the persons body
answered on Mar 11, 2023
The U.S. Supreme Court has ruled that the warrantless taking of blood for alcohol testing is permissible in certain circumstances, such as where exigent circumstances exist, such as when a delay in obtaining a warrant would result in the destruction of evidence (i.e. the dissipation of alcohol in... View More
Seams like a violation of the persons body
answered on Mar 6, 2023
With a warrant, they can.
Implied consent laws are also constitutional. For example, by law a state can make cooperating with a blood alcohol test a condition of the privilege of driving, but the penalty for a subsequent refusal is limited to the loss of the privilege.... View More
And I havent been subpoenaed again, but lawyer called and said I had to go.
answered on Jun 18, 2021
As a general rule, since you have already been subpoenaed, the subpoena would apply to a rescheduled court date. You could always call the Clerk of Court and ask them the same question.
answered on Feb 5, 2021
Hire a competent attorney in WY to represent you. He will obtain the charging instruments and look for an upcoming hearing date where other crimes are on the Docket. You are basically turning yourself in, while your attorney arranges the best plea he can get for you, which is hopefully that day... View More
answered on Feb 3, 2020
Asking someone to appear for you and looking for suggestions sounds like you're shooting in the dark. And this is a last minute "ask". My suggestion is that you make serious inquiries about retaining the best attorney that you can, and if that person can appear for you, that's... View More
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