Todd F. La Neve's Answers

I have an interlock device on my vehicle. This morning at 8:30 am I got in my vehicle and started it to go to the gym. 5 minutes

Ignition interlock devices are subject to a lot of variables that can lead to a false positive and a lockout. Various foods and beverages that do not contain alcohol can lead to false positives due to the way the human body processes them. While that may or may not be the case with your situation, it is certainly something to be aware of going forward. You should contact the interlock facility that installed your device and advise them of the problem and, if you were represented by counsel...

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I was involved in a hit and run accident, and I was wondering what all I need to do.

In WV, unless you have personal injuries as a result of a wreck, your right to seek monetary damages is generally limited to the damage done to your property. In the case of strictly cosmetic problems with your vehicle, the measure of damages is typically the cost of repair and the loss of use of the vehicle while it is being repaired. If there is significant enough damage to the vehicle, you may also be entitled to seek compensation for diminished value to the vehicle. Each case is unique...

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After misdemeanor charger are dropped can they make it a felony same chrge and re-arrest me again

The prior answer is generally accurate and a good measure of what can happen. This practice does occur and I have seen it happen to clients on several occasions. As the prior author noted, there are several factors that can influence the state's options and more information would be needed to fully advise you. I regularly defend clients in Marion County - whether in magistrate or municipal court - and would be happy to speak with you regarding the situation.

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I have and out of state DUi pending and need to change my recidency. Will the new state issue me a license?

If your CT license is currently valid, you should not have any trouble getting a license in your new home state. Understand that the former state may still impose a revocation on your privilege to drive there, though, meaning you can't operate a vehicle in that state while the revocation is open. You also need to remember that if you are convicted (whether through a plea or a finding of guilt at trial) in CT, that conviction would be reported to the DMV in MA and MA would likely impose some...

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Can the military police arrest a civilian outside the base for dui

Yes they can under various scenarios, but your constitutional rights still apply and the facts of the detention, investigation, and arrest still apply. Your best bet is to contact attorney Vic Carmody of MS. Vic is a regular poster here and you could do absolutely no better than to consult with him. Either look up his profile here or on www.ncdd.com under the "Find an Attorney" link.

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How should I plead to this Underage Consumption charge?

There are several things that could be done to present a defense in your case, but it is difficult to provide specific guidance without more information. The fact that no breath test was done certainly creates room for some defenses, but is by no means a "silver bullet" that will guarantee you win the case. Depending on your history and whether you have any prior offenses, you may be able to get the case dismissed by staying out of trouble for a specified period of time or doing some...

After a car accident, how long can a claim stay open?

As one responder indicated, you have two years in West Virginia to file suit for an injury claim such as this. The time period begins from the date of the injury and runs for two calendar years, including all weekends and holidays. I handle injury claims and suits everywhere in West Virginia and would be happy to speak with you about your claim and the options available to you.

Can a guardian ad litem go against a court ordered parenting plan? And also go against dr.'s referrel to a phycologist?

The guardian ad litem has fairly broad powers and leeway in making recommendations in an abuse and neglect case, so it is difficult to say what is or is not appropriate from your question. I appreciate that you have added some details, but it really is such a deeply involved issue that you need to discuss this with your attorney in the case for a better informed view of what is or is not appropriate. It certainly sounds like a difficult case with lots of very emotional issues, so it is...

I was stopped and given a traffic citation for speeding questioned why it took so far to stop i told him i didnt see him he

I have seen it happen in this jurisdiction on occasion as I practice here on a regular basis. However, it is very often because there may be other circumstances involved in your case that caused the state to take a hard stance with you. It is impossible to tell what things may have factored into their decision based just on your post here. The felony is certainly serious and carries a prison term as a consequence of being found guilty. A lot of factors impact your options going forward and...

Can you have someone come to your trial even if they dont wont to get involved

It's often much easier for a witness, particularly another officer, to share personal feelings in a one on one conversation with a friend than it is to actually testify against another officer on the witness stand in court. You may not get the same level of confidence out of the friend officer's testimony if he is in court. It may be possible to have him subpoenaed to appear, but the bigger question is whether his testimony would actually be relevant as I am assuming he did not observe the...