If the breath test report does not include the test subjects name or any of the identification information the report request to be completed by the officer filling in the data fields for the breath test operation and report... is it admissible in court? Report had no mention of who the test... Read more »
There should be other identifying information on the report such as the date and time the test was taken, where the test was taken, if not the name of the subject - then the DL # for the subject who provided the test. Additionally, many would have video surveillance of the area where the test was...Read more »
The test at the station controls charging for the most part. You may ultimately not be charged with a DWI if you were below the legal limit on the Datamaster test. But there could be other offenses that might be applicable under the circumstances depending on the reasons that you were pulled over.
I had a public defender, he got upset about going to trial, he started to tell me things about my case he said he knew as evidence, I believe he made up to scare me into taking the plea. So I did take the plea, but now regret it
Public defenders don't "make things up" to get people to take plea deals. They give honest advice on what they believe you should do in terms of taking an agreement or going to trial. It is then up to you decide how you want to move forward. You could certainly seek to withdraw your plea, but...Read more »
It seems all things in my defense and truthful, on the police video and audio, somehow one way or another doesn't show,one moment it's clear then another it's totally silent ,then another staticy, and ironically at the times it's in my favor.so it makes me look bad, it's not fair and it's... Read more »
I have been told I need to serve 30 days for failure to complete dwi class/madd. A warrant has been issued through Anoka County, Mn. Is there any way possible to see if they will let me not serve the 30 days, I'm in an abusive marriage and my husband has moved my son out of our home and refuses to... Read more »
You need to get an attorney on board ASAP. It is unclear where your case is procedurally. Did you admit to the probation violation and fail to turn yourself in? Is there this a warrant for a probation violation and the recommendation from probation is that you serve 30 days in jail? This is all...Read more »
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.
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