I am being charged for a DUI. I contested the stop and there was evidence on video of the headlight not being out and one being brighter. In the officers statement, they could not remember anything specific about the arrest, could not remember what headlight it was and they also stated that because... Read more »
You typically cannot file a removal request once the judge in your case has made substantive decisions in your case. Ultimately, you have a right to appeal the Court's decision on appeal if you lose the case. FYI, the fact that someone is described as an "assistant public defender" does not mean...Read more »
A PERSON living in WI for 8 yrs, has WI vehicle plates and WI business, but still drives w a MN DL who has no home in MN but has a business in MN but does not live or go to business maybe 30 days a year.
said person gets a WI OUI with a minor in vehicle with a breathlizer done 3 to 4 hrs... Read more »
If you have lived in WI for 8 years, you should have long ago gotten a WI license. But that is a separate issue. WI will suspend your privilege to drive in WI. MN will then honor that suspension. So your MN license will get revoked. You will have to go through the process of getting your...Read more »
I have seen many cases where a person was arrested for DUI even though the police officer did not observe driving. And I've won many of those cases after working hard on motions to dismiss and rescind. The two most common scenarios are (1) a person suspected to have been driving a disabled...Read more »
That mind you .didn't pull me over .or see me driving,to come to my house a half hour later and give me a DUI and tow my car right out of the driveway,no keys in vehical or on me ,also revockef my lisence for refusel,when he got my numbers reading were high but I still wasn't driving.
As I mentioned in my other answer to your similar question, that case would be weaker than the normal case where the police officer did observe driving, operating or control of a motor vehicle. In addition, it's common for people to drink at home, after driving. That is a defense to a DWI case....Read more »
cops didnt see me driving going on hearsay that i was, then came to my house arrested me towed car didnt read me right i did field sobriety test they said i refused it but they have levels from test, i bailed out of jail 1200.00 dollars now they gave me a notice of order of revocation,i wasnt even... Read more »
Most DWI arrests follow a traffic stop by police. But not all. Some few follow a police contact at the arrested person's home. And some follow events that do not include police observation of driving. However, often DWI cases where the police do not observe driving, operating or control of a...Read more »
I was in probation for refusal to take a test ...i was arrested for second refusal but i went to jail and released...but they never took me to court or never received a sammon to court date ...that is 31/2 yrs ago...i think my probation violation comes from that but still i didn't know anything... Read more »
When a probation officer alleges that a probationer violated a condition of a stayed sentence, he or she can ask a judge to sign an Arrest and Detain Order. This is the functional equivalent to an Arrest Warrant. The main purpose of either is to get the named person into custody. A secondary...Read more »
I was arrested one night and charged with DWI and bailed out the next day. I appeared at my sentencing hearing and was sentenced the usual 30 days jail time, $1000 fine, probation, etc.. I was given 30 days to start my jail time and never turned myself into jail. It has been about 5 years since,... Read more »
So you may have some defenses/legal challenges available but each case must be reviewed independently. You have the right to review all evidence against you and file Omnibus motions to challenge the admissibility of evidence in your case. Of course you have the right to a trial as well. I would...Read more »
this was from a closed case back in 2001 where i was already booked at the local police department and released back in 2001. just wondering why i would be booked for this again and is this even legal.
Hard to say without being there, or knowing anything about the specifics. You could have asked a judge to review that request. The judge might have ordered it not necessary. But it sounds like you already did it.
The officer did not pull me over he simply pulled up to the pump behind me I was already stopped. He approached me and asked me if he could ask me a few question I said "yea. But why did I do something wrong." He answerd "no". Then proseeded to ask for my lisence and registration . eventually he... Read more »
No. In order to arrest you, police would need probable cause to believe that you had committed a crime. In the context of a DWI, police would need evidence that you had driven, operated or been in physical control over a motor vehicle while you were under the influence of alcohol or another...Read more »
I'm not sure what OAR 4+ times means. A DWI test refusal and the punishment is dependent upon how many DWIs you might have. There is no mandatory minimum on a first time test refusal (if you do not have prior DWIs). The mandatory minimum if you have a priors within 10 years is as follows:...Read more »
In Minnesota we have a law commonly called the "implied consent law." It allows the government to administratively revoke a person's drivers license if a police officer claims to have arrested the person on probable cause DUI and then the person either refused a chemical test for alcohol or their...Read more »
Can I fight this in court? This is my first offense with anything drug/alcohol related. I wasn’t under the influence neither had intent to sell. Only trace amounts were found. Additionally, I was pulled over for failure to turn off my high beams in time while passing the oncoming officer. I... Read more »
These all would have been legitimate questions to ask before paying the fine. But by paying the fine, you essentially pleaded guilty to the charges. I do not see that you have a legitimate basis to withdraw your guilty plea. So you are likely going to have to deal with the consequences.
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.