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Bruce Michael Robinson's Answers
Contributor Level 9
- 39 Legal Answers
- 3 Legal Guides
6
Attorney answers:
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Was it legal for a policeman to make me unbutton my shirt and bra during a dwi stop?
In a word, absolutely not!
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3
Attorney answers:
Can you be pulled over without probable cause?
As is frequently the answer in criminal law, it depends. It is not entirely clear as the last answer would have you believe. If the cop did not actually stop you, but rather approached you and your car, without excerising police authority, then he would probably be in the right because it was a voluntary encounter on your part. However, if he put on his lights and effectuated a true police stop, without any basis, then you might be a little closer to an illegal stop. This arguably is a grey...
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I received a DUI on November 2008 and got a PBJ at court. Can I still say "NO" to Job n school applications to if ever arrested?
You may have skated on this one, so to speak. If you went to the hospital and therefore were never arrested, then you were not arrested. Very lucky for you. Additionally, if you got a PBJ, it is not a conviction either. Therefore, you may get away, technically, without answering in the affirmative regarding either an arrest or a conviction. However, it would make me a little nervous. I would tend to offer the additional information so that it is not construed the wrong way. That is,...
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I received a PBJ for a DUI in Federal court the Judge Stated my records will be sealed for the concerning suspension of my
Generally speaking, a PBJ is not offered in the Federal Court for a DUI. It depends how your ticket was charged. If in fact they used the Maryland law, then a PBJ would be possible, but it generally does not go that way. If you are correct, and you actually received a PBJ then the MVA will not take action on that result. Conversely, if you are incorrect, and you did not receive a PBJ but rather a guilty conviction from the Court, then you would have exposure for the guilty conviction....
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Attorney answers:
PBJ from DWI and criminal background check in Maryland
No, your PBJ is not considered a criminal record in most settings. Now, the fact that you are on probation or in March, off probation will have no impact on whether an employer can find your PBJ record. The answer is, they will be able to find the record if they search. You should remember however, that you have not be "convicted" of this charge, you were "charged" but not convicted, so must bear that difference in mind. I will however respectfully disagree with my colleague regarding...
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Attorney answers:
Does the state of MD permit DUI expungements?
No, PBJ for DUI cannot be expunged. The statute on same does not permit it and the reason is because the State wants to know if you have had a prior "bite at the apple" in case you happen to get another DUI infraction down the road. Sometimes if a DUI charge is amended to a lesser offense like negligent driving, you may be able to get it expunged, but even that can be tricky.
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Attorney answers:
I had a totally clean record. recently i was pulled over, arrested, then not convicted and given a PBJ.
This question comes up quite a bit. My answer is, it is always best to error on the side of honesty and full disclosure. Employers much prefer full disclosure and honesty, that is part of what they are testing for. While you are correct about the fact that a PBJ is not a conviction, you are also correct that they will come across it on the website. Thus, if they are going to come across it on the website, isn't it better to disclose the information yourself and error on the side of full...
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3
Attorney answers:
Question Is it legal for a prospective employer to ask whether one has received a PBJ?
The question is a legitimate question, it goes towards your "criminal or traffic" record. A potential employer has the right to know this information particularly if your position has anything to do with driving for the employer. If your position has nothing to do with driving for the employer, the relationship between that question and the answer is more attenuated and perhaps irrelevant, but is it illegal to ask... I do not think it is illegal to ask. As you a PBJ is not a conviction.
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Attorney answers:
Can I apply for a US Citizenship now with a DWI that was received on November 2008?
Yes you can. A PBJ for a DUI will not hold you back from obtaining citizenship. The immigration folks and your immigration lawyer will want copies of all relevant court documents, certified by the court as proof, and you need to fully disclose all charges on the paperwork to the government, but it will not be a problem for assuming everything else is in order.
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4
Attorney answers:
If you have a dui charge in one state can you get a license in another state?
The fact that you have a DUI charge in not controlling per se, but rather what is the status of your license? If you are suspended in one state, you generally can not get a license in another state. If you have a regular unrestricted license in one state, then you probably can acquire a license in another state, assuming you reside in the other state.
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