You should tell your attorney everything and get your tooth repaired, aside from the obvious, it can harbor alcohol that can affect a breath test, but not a blood test. I have NEVER heard of menstruation causing such severe blood loss as to diminish the bodies blood supply so severely that the blood alcohol level is now concentrated appreciably.
Please contact one of us for a no-cost office consultation to review your options and alternatives to custody. This really requires about a 30 to 60 minute conference, please bring along copies of all of your documents to whatever offices you go to.
You are LIABLE for all of the damages caused by your car as you are the registered owner, so you can still be sued. The exception (and it is too late for you to fabricate that now) would be if the car was stolen and that driver was involved in the collision. So you escape the Criminal and DMV APS actions but not the DMV Financial Responsibility unit or the insurance companies.
The chances of having a court trial is totally your decision and is something you may consider if you are not pleased with the offer of disposition. If you, the client, want to have a trial, that is your decision and would be a fairly serious matter. A jury trial would take 2 to 3 days and a court trial about 1 day. Generally, as very few cases do go to trial, you would be better off going with a flat fee that does not include a trial. I hope that this answer has been helpful. Paul Neuharth,...
A proffer conference is where the attorney for the accused has arranged a meeting between the US attorney handling the case, the case agents and the defendant. The attorney for the defendant is always present and the purpose is to determine what assistance the defendant can provide to the government as it pertains to other potential defendants and a background as to how the crime occurred. It is usually conducted when the case is not necessarily a defensible case as any statements provided...
You have an attorney already who I am sure contacted DMV and achieved a set-aside of your APS suspension. Why are you posting this to the legal community and not to your own attorney? I actually expect an answer to this question.
You must first serve your petition on the Law Enforcement Agency that arrested you and wait for their response. If they deny that request, you must file the 851.8 motion with the court, serve the Law Enforcement Agency, the prosecuting agency and attach the denial from the Law Enforcement Agency as an Exhibit. The Judge will most likely find good cause in your situation to waive the time limit.