This should cause some debate on here. I believe they cannot and have an excellent motion on it. However, it happens all the time as a condition of bail. I believe that the ONLY issue for bail is to secure attendance at future court hearings. The mere fact that you have an attorney that can appear pursuant to PC 977 at a DUI hearing secures your appearance.
Bottom line is, if you don't want to do the AA meetings have your attorney file a bail review motion and contact me (or any other...
The car you were driving is unimportant. They have to prove you were driving, under the influence or above a .08. That's it. They don't have to prove what you were driving. I agree it's not going to be dismissed for that reason
The biggest problem you're going to run into is you will not be able to get a restricted license now until you finish the class. When you are kicked out of a DUI program you cannot get a restricted license until you complete the class. I doubt you will go to jail however it would be wise to hire an attorney.
They're probably waiting for the Police officer to correct some paperwork. Do you know what happened with your DMV hearing? Did you even request one? You may be driving on a suspended license. I'd check into that right away. Best bet is to hire a good lawyer. I think that's Terry Wapner territory in Fresno.
Did you do the jail time already? Are we only talking about the DUI class? If you are just talking about the class, I would get as much information about what you have completed as possible. I would also suggest contacting a local DUI attorney to help you. Your chances of avoiding jail in crease exponentially when your lawyer appears for you instead of having you appear. I would bring all your paperwork to an attorney to have them look it over.
I will tell you that the Judge in D1 in San...
I would hire a lawyer. They will be able to find workarounds for the probation requirements. Who knows you may even get out fo the DUI. An attorney can appear for you so you can move to Europe and have the attorney handle the court case, assuming it's a misdemeanor.
Do you mean you are applying to the FBI? If that's the case I would disclose the fact that you were convicted and it was expunged. They are most likely looking for honesty.
If you the company running an FBI background check is asking, my answer would be the same.
He was checking for horizontal gaze nystagmus. It is the involuntary jerking of the eyes. Alcohol affects small muscles first. Your eyes have very small muscles. He was checking to see if you had objective signs and symptoms of alcohol intoxication. A good lawyer will know how to deal with this and all other FSTs.