Yes, they can amend the charge. There is mandatory jail time if you are convicted of s second or subsequent driving under the influence or impaired offense. However, more information is needed to evaluate the case. Your charge in another state may not be down as a conviction if you received a favorable plea offer.
They officer does not have enough probable cause to pull over the vehicle just because the registered owner is suspended. However, an office will try to justify the stop with other information. The officer can get a description of the suspended driver and compare that to the person driving the care. Although weak PC, officers do stop people with this information. You would want to get a skilled criminal defense attorney in your area to defend you. More often, an officer will follow a car...
The simple answer is yes, you may raise an affirmative defense in a criminal case against you. An "affirmative defense" is an umbrella for many defenses that justifies otherwise illegal activity. Similarly, DV just means that a person was charged with an offense that is domestically related. There are a wide range of DV charges from harassment, criminal mischief, assault, etc, and even different degrees/classes/elements of those charges.
From the information provided it is impossible to...
Driving with headphones is a violation of law and the officer has a right to pull you over. The rest of the stop may be questionable. The office needs probable cause/reasonable suspicion to request a chemical test. You may have a suppression issue here for the test results. Contact a criminal defense attorney in your area, Chris Leroi handles cases like this and is very experienced. As far as a civil suit, I doubt you have a claim, but consult with a civil attorney.
Having defective tail lights is a traffic violation, not considered a criminal offense.
Asking how to cross examine a police officer is a loaded question as it depends on if you are asking how to cross examine based on procedurally of substantively.
If your question is how to do it procedurally, basically the scope of cross examination is limited to matters covered on direct examination. There is a difference in the way questions are asked between direct and cross. On direct the...
While I agree with the other attorneys that responded, I think you need to talk to family and friends about money if you do not qualify for a public defender. Although $6000/$300 an hour seems steep, the lifetime consequences from a financial aspect for not having a good attorney to protect you good name will cost you far more during your lifetime.
Although most offenses do have a presumptive jail range, it is unlikley that a prosecutor would be seeking jail time for a first time offense. However, there can be additional factors like the value of the item, method imployed, attitude with the arresting office. It would still be in your best interest to talk to a local attorney.
Yes, Brady applies to both state and federal courts. The Brady case, stands for the proposition that the prosecution must disclose exculpatory evidence to the defense. Exculpatory evidence is evidence that would have made the conviction or sentence different had the exculpatory evidence been released.