The consensus is that McNeeley is retroactive, so it may help you. As to whether such a motion to suppress would be granted (and the case likely dismissed), I would need to know more facts concerning when the forced blood draw took place.
McNeely, in some respects, did not overrule Schmerber v. California (1966) 384 U.S. 757, which OK'd a forced blood draw, as you probably know, so your attorney needs to be careful in how his motion to suppress is drafted.
Hire a well-qualified DUI...
I am in the Orange County courts alot an it is hart to answer your question. There are some generalities about OC DA's, but they may be misleading to you right now. More facts are needed about the events. An attorney may be a big help. I would call an attorney who appears in the Orange County courts on DUI's.
Good question. Is expungement worth it?
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Your question is difficult to answer. If one is the prevailing party in a civil matter for declaratory relief and the court finds that you, for example, are the rightful owner of a business, I'm not sure how that evidence could be used to prosecute another person for "taking over a business." I would need to know more facts as to how that other person committed theft of a business before answering any questions about whether such conduct is in fact criminal in character.
The witnesses really will only help on the roadside gymnastic tests. The real witnesses you want are expert witnesses to critique the breath test measurements and how perhaps your physical characteristics affected the blood alcohol reading (see Superior Court v. Van Gelder for more on this). You will want to look closely at the calibration of the machines, as well as their maintenance. Also double check that the officer who administered the tests was qualified to perform the tests.
Trust your attorney on this. He or she is who are paying to give you accurate, trustworthy information. If you feel he does not fully know the answer, let the attorney know and give him or her a chance to research this.
You question deals with a civil lawsuit, not a criminal action. However, yes, the guardian ad litems may sue the driver on behalf of each minor for his intentional infliction of emotional distress to each minor. The tort of intentional infliction of emotional distress is disfavored except in the most extreme cases, yet this may be one such case. The intentional character of his conduct is in the wanton, reckless disregard in drinking himself to excess and then getting in a car with not one,...
This is a new policy that the CHP has instituted. My answer is that you should pay it. Whether or not the CHP will come after you civilly is another issue. If they were to do so, you would have to pay the fee they are asking for right now, plus the filing fee (in LA County, the filing fee is $415) and any service of process fees ($50?).
As Mr. Solis stated, usually the judge will afford the defendant a few days up to a few months to get one's affairs in order. The exception to this is when the judge warns the defendant that he or she had better be prepared to serve the time immediately, if convicted. A lot depends upon the defendant's place in life - if he is older and has a family and is the primary bread-winner, then much more time is appropriate. If the defendant is unemployed and living at home with mom and dad, less...