In a situation where a police officer would pull a vehicle over in the incident of a passenger being under the influence, not the driver, would the driver receive penalities (DUI, Possesion, etc) even though the action is not on them AND the driver is sober through a FST (Field Sobriety Test)??
I told them I didn’t owe them anything and made payments for 4 years probation but they said they will lien my house if I don’t pay! Odd thing is, it’s Already paid because I thought I was paying on the same thing. Then I noticed the amount wasn’t going down and that when they said I owed... Read more »
What i am not understanding though, is when I asked the cop if he had a warrant for the blood test he reply was "I could get one but I don't feel like it" How can I be charged with something when I was not even placed under arrest? Also, when he said that he didn't feel like getting a warrant
You are definitely going to get charged. When you refuse the test there is an assumption that you were under the influence and you will be charged under the general impairment section of the DUI law. Additionally because he did not take the test the law says that your license will be suspended for...Read more »
Any trace of marijuana in your system makes it illegal to drive. It is a per se DUI. So while Marijuana is rapidly legalizing the DUI laws are showing no signs of changing in that regards. Can a treatment program force you to stop taking marijuana is another matter entirely. Typical attorney...Read more »
License currently suspended indefinitely for 1533D failure to respond to traffic citation for unpaid fines but they are trying to say its DUI suspended. How is that possible when I havent gotten any new DUI Charges and in 2019 i got pulled over and it wasn't dui suspended and i only received... Read more »
You need to get a lawyer immediately. The law says that if your license was suspended for a DUI it will always be suspended until and unless you get your license reinstated. It doesn’t matter if the DUI is one year old or 30 years old. If you never got your license back then you are looking at a...Read more »
You need to get a lawyer asap. If your license was never restored after the DUI you are considered DUI suspended until you get your license back. if you are found guilty, there is mandatory imprisonment of 60-90 days in the county prison. You need to figure out how to get you license back asap....Read more »
I have a summary trial coming up on the 29th for driving without a liscense. I wasn't aware that it had been revoked due to covid. I had received a notice before hand but nothing after confirming it was revoked. The citation also has the wrong model car on it. This is my first time dealing... Read more »
You should do what you can ahead of your trial to have your licensing issue resolved. This offense carries only a fine, but a hefty fine of $200 plus court costs. Also, if you've been convicted of this same offense in the last 5 years, your license will be suspended for 6 months. If...Read more »
You get an attorney ASAP. Having the two kids in the car is a serious aggravating factor. Being on ARD for the first is another. You are looking at mandatories in both cases. An attorney can help you check for defenses and try to minimize the time you actually spend in jail. They probably will...Read more »
You need to retain a lawyer or at least consult with one. If you are wrong, there is mandatory jail time that ranges from 60 days to 6 months. If your license was ever suspended for DUI and if it was never restored then it is in fact a DUI suspension. The law says it is always going to be DUI...Read more »
I was pulled over tonight and the officer said he wanted to administer a sobriety test based on the fact that my pupils appeared to be dilated. I informed him I was taking prescription medication yet he gave me the test anyway, told me I didn’t “really” pass and said that was probable cause... Read more »
Here is the thing, prescription drugs can make you illegale to drive if you ate under the influence. Whether or not he had probable cause to believe you have controlled substances is certainly arguable. If you appeared impaired and admitted to taking medications one could certainly argue he had...Read more »
officer she said it was hers, they only thing her and driver had to do was provide license, the officer took container and dumped it, and they were allowed to leave... She just got citation in mail, never recieved anything onsite.. can she fight it
Based on your description of the facts? Maybe. The fact that the officer did not issue the citation at the scene of the crime is not a defense. It is within their discretion to issue the citation up to 30 days after the date of the incident. If they didnt issue it within 30 days there is a...Read more »
DUI defendants face what's known as "escalating penalties" in Pennsylvania: the more you rack up, the harsher the penalty. So it all depends on your prior record, how many DUI convictions you have, and how much time has passed between each of them.
My lawyer helped me throughout my DUI trial and told me that after I completed my ARD, paid all fines, and finished 6 months of probation without any problems, that I could apply to be let off probabtion early (sentenced to 12 months probation) and have the DUI expunged. I am at this step now and... Read more »
To answer your question, yes you can absolutely do it yourself but you have to ask yourself do you know what you are doing? If you file for expungement and if it is not correct then it would not be taken off of your record. If your pipes are leaking at home are you going to hire a plumber so it...Read more »
I just received an underage from 3 months ago. My race is wrong on the report. Also, the person driving is trying to get his charges dropped by claiming the officer made an unlawful stop. How will all that affect my fine?
1st time offender no priors . Like I said she's not on our lease but she does live here but she does also have that other address somewhere else she just stays with us mom and dad thank you i guess im asking if i can be evicted?
Per the facts you put forth you are a first offense DUI (there is a 10 year lookback period). However, this is your third offense lifetime. Some District Attorneys will want to add time because of this. You are looking at a likely mandatory sentence of up to 72 hours, with a $1000 fine in...Read more »
Some counties allow a second DUI ARD. Many dont. The only way to get this answer is to contact a local attorney. Lancaster County has very specific rules to get ARD and if you dont adhere to them strictly they will deny.
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