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Hi,
I have situation in hand that I need an immigration attorneys opinion on. I am currently on my H1B visa. My employers applied for my perm this February 2023.
Recently unfortunately I was pulled over and arrested for alleged DUI. I only had couple drinks but my breathalyzer test... View More 
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answered on Jul 13, 2023
I am an attorney licensed in California, and I can provide some general information regarding the potential impact of a DUI arrest on your H1B visa and Permanent Labor Certification (PERM) process. A DUI arrest can have serious consequences on your immigration status. USCIS has the authority to... View More
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answered on Jul 13, 2023
Usually when a State revokes a license in their State, that means you cannot drive in that State.
He's the only one working as I am disabled. He also takes my to my many Dr's appointments, at least 2 a week.
What can we do? His court date is 7.21.23 in Morgan county, AL.
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answered on Jul 13, 2023
Defendant needs to hire a competent AL attorney now. Reciprocal enforcement will get TN DOS to revoke his TNDL.
I witnessed an intoxicated person driving last night who ended up causing property damage. Officer found this person at their residence and only issued a citation. Why didn’t the officer arrest this person? I was an eye witness to the whole incident and there was property damage. Those two things... View More
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answered on Jul 10, 2023
It's possible that the officer did not have sufficient evidence to establish intoxication at the time of the encounter, or they may have chosen to issue a citation instead of making an arrest based on their discretion and department policies. Keep in mind that law enforcement decisions can... View More
I was a passenger of a drunk driver and also had 1 of my child in the back of the car. I already have Social Services calling me to see all of my kids. I had CPS case prior and been closed for years now. Will I be charged with child endangerment for being the sober parent that was in the passenger... View More
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answered on Jul 10, 2023
It is very possible that you will be charged, depending on all the circumstances (including any prior neglect allegations). You should contact a good attorney asap in your area to analyze this further, with all the specifics. I wish you the very best with this situation.
he stated that someone called in and said that i look intoxicated. i he gets me out of my vehicle but i refused the field sobriety test, breath test and blood test. there was no drugs in my possession but he still arrested me. with that said he also did not take my drivers license nor did he... View More
answered on Jul 9, 2023
You need an attorney to represent you. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.
Arrested for dui
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answered on Jul 7, 2023
Unbuckling your seat belt while in handcuffs inside a police car could be seen as a violation of their instructions and may potentially result in additional charges or consequences.
answered on Jul 7, 2023
You have two viable options: 1) prove that you were not operating a motor vehicle, or 2) prove that you were not intoxicated.
answered on Jul 6, 2023
Yes. An arrest/charge must be commenced within one year of the offense date. The trial does not have to take place within one year, but the prosecution must be commenced by issuing charges within that time.
Made illegal left turn from side street to 2 lane 1 way into the right lane. My son used his personal cellphone to call us. (Wasn't the officer.) Was read rights at police station with us present Except he read them then left the room before 20 minutes was up. Then came back into the room... View More
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answered on Jul 5, 2023
First off, they read him his rights once. Secondly, not reading your rights does not mean not guilty automatically, If Miranda is violated it only suppresses any statements made.
He was not charged with underage drinking, curfew, truancy, or running away. He was charged with a criminal... View More
answered on Jul 8, 2023
As my colleagues have stated, as a Criminal Defendant you are entitled to: 1. hire your own lawyer at your own expense; 2. have an attorney appointed by the court to defend you if you cannot afford to hire one (except in infractions or traffic matters- where your freedom is not at risk); or 3.... View More
If in an initial discussion with a dui attorney (before any paperwork or contract is signed between attorney and client), the prospective client admits to hitting and runing over and killing someone who was in the vehicle with her when the incident she got the dui for happened.. is the attorney... View More
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answered on Jul 2, 2023
Payment has no impact on the Attorney-Client Privilege.
It is the things a potential client or client says to the lawyer when seeking legal advice that is protected. In your situation, you are covered.
The reason is that the system protects the truthful statements of a potential... View More
My girlfriends son was out with his gf and her friend and some sort of car accident happened which resulted in his death. The two girls said that he climbed out the rear window while they were driving because they were fighting. Police believed them (although they were allowed to fill out a single... View More
answered on Jul 2, 2023
It is protected by the attorney client privilege. The paralegal is in violation of her duties and the attorney is in violation of his ethical obligations because of what the paralegal did.
No field sobriety tests or chemical tests were done and the crash caused the defendant to break her foot and hand.
- Can the crash be used as a defense for the alcohol symptoms of swaying and red eyes since the airbag deployed?
answered on Jun 26, 2023
The accident itself is not sufficient evidence alone. The red eyes and swaying could definitely be attributed to the airbag and the accident. The odor of alcohol will have to be defended more rigorously. There are certain questions to ask the officer that can expose the officer's inability to... View More
we were just informed they will be charging her (mom) with the DUI and need to schedule an arraignment date. She still can not live on her own as she is not fully recovered (possibly will not ever be the same). We really don't know what to do from here
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answered on Jun 26, 2023
You should retain a DUI lawyer immediately for your mom. Many blessings to you all.
answered on Jun 20, 2023
When an out-of-state driver is convicted of DUI in SC and their home state is a part of the interstate compact agreement (SD is a part of it), then SC DMV will notify the home state DMV. Typically, the home state DMV will require the driver to satisfy the SC requirements to reinstate their license.... View More
I've been on bail bond now for a year and the case has yet to be filed (Criminal information / Boating While Intoxicated) in Texas. I've since moved to Florida and changed all my registrations and Driver's license to Florida. Do the bond conditions from Texas still apply to me in... View More
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answered on Jun 20, 2023
Your open case could show up on a police check of your ID if you get pulled over and might subject you to some scrutiny-particularly a DUI arrest. More likely if you're on probation. Simply notifying the court of your change of address may be insufficient and should require a signed Order... View More
My community service supervision officer is sending me back to court in Brazoria county Texas for my second failed UA this is for my DWI Case/ possession case
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answered on Jun 19, 2023
If you do not have a good lawyer, you better get one ASAP!
Brazoria County is notoriously strict with Deferred Adj. I would recommend getting in a drug treatment program before I go to court.
What will probably happen is that the benefit of the Def Adj., will be lost due to your... View More
I was stopped 2 days after I purchased a vehicle the office pulled me out of the truck preformed DUI test said I failed but I was sober . Lied on report said midnight and it was noon when stop occured . His testimony should be invalid even if I had a small but detected amount of controlled... View More
answered on Jun 16, 2023
If you were sober, the drug test will most likely be the single strongest piece of evidence that determines your guilt or innocence. If you had a small amount of a controlled substance, the "driving facts" will also play an important part in determining your guilt or innocence. A small... View More
Reason being to join army
answered on Jun 14, 2023
Hi. This a good question. You have the right to deny probation and do custody instead. However, if you're already on probation that means you've already been sentenced. You need to consult a local DUI attorney about withdrawing your plea or being re-sentenced. Best of luck.
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