The short answer to your question is yes. The long answer is there were never any charges, so there was nothing to drop. There was apparently an arrest, but the District Attorney decided not to proceed.
You know may want to proceed with a Petition for Factual Innocence under Penal Code section 851.8 so that the records of the arrest are sealed and destroyed. I was just on one in court this morning and it was granted. My client is happy. Maybe the same can happen for you.
There should be no problem with this. I would nevertheless cover your bases and ask the judge for permission (he or she will say yes) and check with an immigration attorney due to the green card issue.
There are very few circumstances under which a motion for acquittal might be granted in a DUI. In your case, it seems that if the arresting officer dies or does not show up for trial (and the judge does not allow the prosecution a continuance to secure his attendance), then you may be able to succeed on this motion, once the People rest in their case.
It is very, very hard to succeed on such a motion. Your facts sound like inconsistencies and credibility are you major arguments.
In answering this question, I assume you have no other criminal record and that your DUI was a misdemeanor. If this is so, I would expect that you could buy such a gun. However, I would be very careful to first review the minutes or court docket from your case to ensure there is no prohibition against this as a term of probation. You may even want to specifically ask the judge, just to be super clear and avoid any problems.
This might be considered "imperfect self-defense," as he was not actually touched by her first. However, the aggressive nature her insistent badgering is certainly mitigating to his conduct.
Assault, by the way, in a academic sense, is mental harm. It is placing someone in apprehension of imminent bodily harm, which is really what she may have done to him. Assault is defined at Penal Code 240 as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the...
Your friend should not face deportation. His blood results will help clarify what kind of exposure he has for DUI. They apparently did not do a urine test, which is good, as that is the more common way to detect marijuana. Usually, when the blood test is done, and the crime is reported as DUI, the lab does not check for signs of marijuana.
DUI is a crime where a good attorney can make a big difference. I would recommend he hire a DUI attorney and consult with an immigration attorney...
How do you handle it? I would hire an attorney. A great deal of emphasis will depend upon the medical records from the hospital that show your blood results. Your friends who were at the bar may be able to help by speaking to your attorney or an investigator he/she hires to describe how you did not take such drugs, but were drugged involuntarily by another person at a bar. The friends' credibility may be an issue, however, if they say they knew you were drugged and then that they let your...