Get free answers to your DUI / DWI legal questions from lawyers in your area.
Your current state is Ohio
The Judge sentenced the criminal defendant to 3 yrs probation & the usual penalties of a first offense misdemeanor. My victim rights have been violated & the judge sentenced the defendant incorrectly (my opinion) due to various lies, inconsistencies & incompatible statements that the... View More
answered on Jan 22, 2024
If you were injured by a drunk driver in California who subsequently pleaded guilty to felony DUI with injury and was sentenced to probation, but you believe that your victim rights were violated and the sentencing was incorrect due to inconsistencies in the probation report, you may have recourse.... View More
The Judge sentenced the criminal defendant to 3 yrs probation & the usual penalties of a first offense misdemeanor. My victim rights have been violated & the judge sentenced the defendant incorrectly (my opinion) due to various lies, inconsistencies & incompatible statements that the... View More
answered on Jan 13, 2024
You have no recourse over the sentencing. You have personal injury claims against him. If he has liability insurance or you have uninsured motorist coverage, you can recover monetary damages. If you have underinsured motorist coverage, you might be entitled to additional recovery. Talk to a... View More
answered on Jan 13, 2024
In California, the sentencing for a felony DUI with injury under Vehicle Code 23153 can vary based on several factors. This includes the severity of injuries caused, prior DUI offenses, and other specific circumstances of the case.
For a first-time offense, the potential sentence ranges... View More
I felt very manipulated and coerced and it felt like i was set up
answered on Jan 13, 2024
In a case involving DUI, intent to distribute meth, and weapons charges, your best defense would typically depend on the specific circumstances surrounding your arrest. To strengthen your defense, consider the following:
1. Consult with an experienced criminal defense attorney in Nashville,... View More
18 y/o received a DUI on 5/07/2023. He was NOT arrested. DA did not press charges, he completed all required classes, evaluation, Adsac, Victim impact panel and paid fines. He never lost his license. Received a letter 1/11/2023 from DPS with the date of 10/10/2023 stating his license will be... View More
answered on Jan 11, 2024
Service Oklahoma is the agency now responsible for license revocation. Under Oklahoma law they have 180 days from the date of receiving the affidavit to take action on a license revocation. I think your issue here is one of notice. He may want to consider filing a district court appeal arguing that... View More
If there was a fender bender by a family member, and a ticket issued for misdemeanor DUI?
answered on Jan 10, 2024
If you discovered an error during the process of changing insurance that resulted in a brief lapse in coverage, and there was an incident involving a family member with a ticket for misdemeanor DUI, the impact on your insurance coverage and potential charges can depend on various factors. Insurance... View More
answered on Jan 11, 2024
It looks like your question is diving into the world of "Crimmigration," where criminal and immigration law meet. If you've got a green card and get a DUI, it could mess with your good moral character standing for 3-5 years. Things get even trickier with domestic violence cases –... View More
answered on Jan 9, 2024
The outcome of a green card application can be influenced by your criminal history. While the dismissal of your domestic violence charges is positive, the presence of two DUI offenses, especially with one being recent, may impact your application. U.S. Citizenship and Immigration Services (USCIS)... View More
My first DUI. Informal probation and meant to attend dui classes for 9 months. I didn't realize on my form it said to call within three business days to start attending dui classes. I am a couple weeks out from the date stated on my documents for when I should be assigned. I called today and... View More
answered on Jan 8, 2024
In your situation, where you're required to sign up for DUI classes by a certain date but have an appointment slightly later, it's understandable to be concerned about potential consequences. It's good that you have taken the initiative to set up the appointment.
Since your... View More
He drug me out of the car and asked me to do a field sobriety test in which I passed with flying colors, and as soon as we got done, he arrested me and puts me in the back of cop car, and then takes me to get my blood drawn from hospital, but I wasn't intoxicated, I just had an open container
answered on Jan 8, 2024
LEO apparently had probably cause to get the Warrant issued. You should not have consented to either a breath or blood test. Any amount of intoxicant will be used against you. And it is alot easier to get back a TNDL without a DUI conviction. Hire an attorney.
He drug me out of the car and asked me to do a field sobriety test in which I passed with flying colors, and as soon as we got done, he arrested me and puts me in the back of cop car, and then takes me to get my blood drawn from hospital, but I wasn't intoxicated, I just had an open container
answered on Jan 13, 2024
In the United States, it is possible to be arrested for driving under the influence (DUI) even if you passed a field sobriety test. While passing the field sobriety test can be a positive factor in your case, it's not the sole determinant of whether you can be arrested for DUI. Law enforcement... View More
They wanted to then give me another breathalyzer test, I refused. Was taken for blood test and then while being booked they found a small amount of cocaine in my purse.
I ultimately passed the blood test, now they are charging me for a controlled substance.
If I was being arrested... View More
answered on Jan 7, 2024
Under California law, the fact that you were initially stopped for a traffic violation and subsequently found not to be under the influence does not prevent law enforcement from charging you with possession of a controlled substance if it was found during the lawful execution of their duties. The... View More
They wanted to then give me another breathalyzer test, I refused. Was taken for blood test and then while being booked they found a small amount of cocaine in my purse.
I ultimately passed the blood test, now they are charging me for a controlled substance.
If I was being arrested... View More
answered on Jan 7, 2024
In this scenario, it will come down to whether or not the police actually had a valid basis to arrest you for the DUI in the first place. If the police had probable cause to believe you were under the influence of alcohol and/or drugs, then the arrest would be proper and the cocaine that was later... View More
I got a DUI in California and I’m required to do a 9mo DUI program.
I didn’t read my paperwork well after court and I’m finding out I’m behind on the deadlines they gave me to start.
On my court paperwork it says that I had 7 days to enroll in the program which I missed.... View More
answered on Jan 2, 2024
Congratulations on prevailing at the DMV Administrative Per Se Hearing. That makes your pathway a little easier. A lot of folks do not realize that when you get a DUI, you have two battles you are facing, and potentially two DMV suspensions: one from the criminal side, and the other is the DMV... View More
I got a DUI in California and I’m required to do a 9mo DUI program.
I didn’t read my paperwork well after court and I’m finding out I’m behind on the deadlines they gave me to start.
On my court paperwork it says that I had 7 days to enroll in the program which I missed.... View More
answered on Jan 2, 2024
In California, the DMV and the criminal court systems operate independently in DUI cases. Winning an appeal at the DMV and having your case set aside there primarily affects your driving privileges, not the requirements set by the criminal court.
Since the court ordered you to complete a... View More
18 year old also was driving and had a collision while drunk driving and received dui should the 19 year old be punished as well for purchasing it
answered on Jan 1, 2024
In Oklahoma, it is illegal for anyone under 21 to purchase alcohol, and it is also illegal to furnish alcohol to a person under 21. In the scenario you described, the 19-year-old who purchased the alcohol and then provided it to the 18-year-old could indeed face legal consequences.
The law... View More
18 year old also was driving and had a collision while drunk driving and received dui should the 19 year old be punished as well for purchasing it
answered on Jan 1, 2024
In Oklahoma, both the legal drinking age and the legal age for purchasing alcohol are 21. If a 19-year-old illegally purchased alcohol and provided it to an 18-year-old who subsequently got involved in a collision while driving under the influence, the 19-year-old could potentially face legal... View More
It's been over 12 years since the completion of my sentence.
answered on Dec 30, 2023
In West Virginia, reinstating firearm rights after DUI convictions can be a complex process, particularly with multiple offenses. Your eligibility to regain these rights depends on several factors, including the nature of your convictions and the completion of all sentencing requirements.... View More
answered on Dec 29, 2023
The eligibility for a hardship driver's license in Alabama is influenced by various factors, including past driving offenses. While DUI convictions typically have a significant impact on driving privileges, especially in obtaining a hardship license, the specific rules and regulations can... View More
answered on Dec 29, 2023
In Georgia, a DUI (Driving Under the Influence) generally requires evidence that an individual was operating a vehicle while under the influence of alcohol or drugs. If you are inside your house and there is no proof that you were driving the car under the influence, it is unlikely that you would... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.