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Your current state is Ohio
I refused to take a breathalyzer as I was not driving
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answered on Jun 12, 2024
You do have some good defenses since you refused the test. And you might not even lose your TNDL administratively for 1 year since TN has to prove you were the driver or allowed an intoxicated person to drive. Hire a competent attorney to prepare for a rigorous Preliminary Hearing.... View More 
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answered on Jun 10, 2024
I understand you are seeking information about your chances of winning your DUI case in court after successfully winning your DMV hearing in California. While it's encouraging that you won your DMV hearing and had the suspension set aside, it's important to note that the DMV hearing and... View More
answered on Jun 10, 2024
Congratulations, setting aside the DMV License Suspension is rare.
Regarding the DUI Court Case, the legal standard is quite different. It will depend on the Alcohol BAC Level, below or above .08, and other specific facts, including the operation of the motor vehicle while under the... View More
VIOLATION HE RECIEVED 3 DAYS. THE CODE FOR HIS CHARGE IS 5083 15A-1345. HE HAS ANOTHER CHARGE IN CHEROKEE NC ON TRIBAL LANDS HE HAS 2 DUI CHARGES THERE AND ONE OF THEM THAT HE WAS CHARGED WITH HE WAS OUTSIDE THE VEHICLE WHEN THER OFFICER ARRIVED AND HE GOT CHARGED ANYWAY. ANY ADVICE IN THIS... View More
answered on Jun 7, 2024
If your son's probation violation is for absconding (running away and not allowing himself to be supervised) or for committing a new crime, it is possible his entire sentence could be activated and he would have to serve it. If it is for anything else (not paying money, positive drug tests,... View More
Of PC490.2-MISD-Petty Theft in front of three officers taking fault on the body camera and now they sent a complaint for me to come to court why would I be blame too I was there but the person admitted to it on the scene where the police had us I don’t understand it and in a different county... View More
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answered on Jun 6, 2024
Under California law, facing charges for petty theft (PC 490.2) and disorderly conduct (PC 647(f)) can be stressful, especially if it’s your first encounter with such charges. Since your friend admitted to the petty theft in front of the officers, you might have a defense against this charge.... View More
Went I went to the drunk tank and they lied through my whole police report and so did the hospital I have them in lies on the police report n "hospital bills" they charge my partnership n chp lied through there teeth and so did the hospital!! I just need someone to help me!!
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answered on Jun 6, 2024
I understand that you are in a difficult situation and believe that the California Highway Patrol (CHP) and hospital staff have lied in their reports about your case. It's important to address these concerns through the proper legal channels. Here are some steps you can consider:
1.... View More
On 10 yr probation for intoxicated manslaughter in Texas. Done 7 so far. Had 1st VOP for failure to ID. Got 3 wkends. 2nd VOP driving w out a breathalyzer. Got 4 wkends. Just failed UA for alcohol revocation was filed.
Lawyer I use for VOPs said definitely doing prison time, original charge... View More
answered on Jun 6, 2024
Yes, a lawyer can be wrong. I have practiced law since 1988, and there are still occasions when I am wrong even with 36 years' experience. Obviously, earlier in my career, I was wrong more often than I am now. A lawyer can tell you, based on his past experience, familiarity with the judge,... View More
My license was suspended due to failure to maintain FR insurance on a date that was actually over 3 years since the DUI. The state is charging me with a 3rd offense or DWLS. I'm under the impression that an FR infraction tied to a DUIb would not apply. The officer also searched my vehicle... View More
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answered on Jun 3, 2024
Your situation involves several legal complexities, and it's important to address each part carefully. A DWLS (Driving While License Suspended) charge enhancement depends on the specifics of your previous offenses. If your suspension is due to a failure to maintain FR (financial... View More
Over 10 years ago I had multiple DUIs in Missouri and some in California. Missouri wanted to incarcerate me, but California did not. Per recommendation of the Judge here in California, I returned to Missouri and was incarcerated. During that time I did a 14 month program - a SATOP. I've... View More
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answered on May 28, 2024
In California, the length of a DUI program is typically determined by the specific circumstances of the case and the individual's prior DUI history. The 1650 waiver you mentioned refers to California Vehicle Code Section 13352.5, which allows individuals who are convicted of a DUI in... View More
I had three DUIs in 2015, 2016, and 2021. I paid for everything, served one month in jail, and also completed all the tasks given by the court order. I'll finish my probation this coming October. Can I go to Vietnam and then return to the US without getting deported or having my green card... View More
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answered on May 27, 2024
Traveling with a history of DUIs can be complex, especially when it comes to re-entering the United States. Since you have three DUIs, this could raise concerns with Customs and Border Protection (CBP) upon your return. However, if you have complied with all court orders, paid fines, served jail... View More
This past Monday I was driving my husband, who had been at the VA and received a narcotic pain medication and could not drive himself, home at 2:30 am. The officer stated I was speeding and that is why he stopped me. I immediately told him I knew my DL was suspended but the only reason I was... View More
answered on May 26, 2024
There are different levels or offenses (1st, 2nd, 3rd or subsequent) which carry different consequences that a driver will face if charged. The officer has more discretion the lower the offense so while it may not have been necessary to spend the night in jail it is at times left to officer... View More
on the ticket it says i was a passenger, and the owner of the weed is not going to be at the court date. its less than an ounce of marijuana. what should i do in this situation? i just got my car running and i dont wanna get my license suspended or serve probation. it was a running car parked in... View More
answered on May 24, 2024
This is a question best asked to a criminal defense attorney, who can investigate further into the specific details of your case. Possession of marijuana (less than an ounce) is a misdemeanor in Georgia, punishable up to 12 months in jail and/or $1,000 fine. In addition, it can trigger an automatic... View More
I had a DUI related single car accident in 2001. I was released to the hospital and never received notification of charges in the 24 years that I have lived in San Francisco since the accident. I hired bondsman at 5, 10 and 15 year increments to find my case and it was never located. We checked the... View More
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answered on May 24, 2024
Based on the information you've provided, it appears that you were involved in a DUI-related single-car accident in 2001 in California. After being released to the hospital, you did not receive any notification of the charges against you. Despite your efforts to locate the case through a... View More
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answered on May 24, 2024
In Missouri, owning a modern muzzleloader can be complicated for someone with a felony DUI conviction. Generally, federal law prohibits felons from owning firearms, and this includes modern muzzleloaders that use inline ignition systems, as they are considered firearms under federal law.... View More
Actually, I’m looking for pro bono. How can I afford to get out of this mess? I'm 76 on SS. I ride a large motorcycle. My friend and I had lunch at a golf course. We both had two drinks. Cruising in the hills near Sonora, CA I hit sand in a turn and crashed. Slid to the side of the... View More
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answered on May 23, 2024
Given your situation, here are a few steps you can take:
1. Legal aid: Look for legal aid organizations in California that provide free or low-cost legal services to seniors or low-income individuals. Some organizations to consider are California Rural Legal Assistance, Legal Services of... View More
The law in Arizona says it is Mandated that a blood draw must be taken 2 hours or less after being stopped or it is not admissible in court.
How can they attempt to use a retrograde extrapulation against you when the law states that is not admissible if taken after 2 hours?
The... View More
answered on May 22, 2024
Generally, the law does not require blood to be drawn within 2 hours. I think you are confused with particular alcohol-related DUI charges, which require the State to prove alcohol concentration within two hours. As a result, officers are supposed to draw blood within 2 hours of driving or actual... View More
I had three DUIs in 2015, 2016, and 2021. I paid for everything, served one month in jail, and also completed all the tasks given by the court order. I'll finish my probation this coming October. Can I go to Vietnam and then return to the US without getting deported or having my green card... View More
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answered on May 11, 2024
Having a history of DUIs should not directly impact your ability to travel to Vietnam and return to the United States, as long as you have a valid green card and have completed all court-ordered requirements related to your DUIs. However, there are a few considerations to keep in mind:
1.... View More
answered on May 10, 2024
The short answer is that it is on your record forever. I've seen folks with DWIs on their records going back to the 80's and even the 70s. DWIs can used to enhance future DWIs for 10 years. The likelihood that you could get a DWI expunged from your record before 10 years have expired... View More
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answered on May 9, 2024
In general, under California law, if a blood draw was taken as part of a DUI investigation and the DUI charge was later dropped, the prosecution may still be able to use the results of the blood draw to bring other charges, depending on the circumstances.
For example, if the blood draw... View More
He was told to take a class but then half way through he moved to Colorado to take care of a sick family member.
Now the California DMV wants him to pay for and take another class even though he has not had a DUI incident for over 12 years and the statue of limitations has long since... View More
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answered on May 6, 2024
Firstly, it's important to note that DUI convictions and the associated DMV penalties are separate matters. The statute of limitations applies to criminal proceedings, not DMV administrative actions. In California, the DMV can require completion of a DUI program even if the criminal case has... View More
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