Last march I was arrested for drunk in public with resisting but it was dismissed. 7 years ago I was convicted of a OWIL in Michigan. I honestly would have said in any of the prior occasions that I did not think that I have a serious problem, but man this is not looking like it is the case. I am a pre-med student and single father. I am terrified of the consequences and am looking into support groups for harm reduction/ abstinence. Is there any hope?
Yes there is hope. I would do a "motion to...
I was in an accident last night and was taken to the hospital but was release. I do not have any document from the police on whether or not I was charge with a DUI. How do I find out how to move forward. I just want to ensure I am not charge for failure to appear. Please advise. To find out you can, double check that you received all your documents on discharge, this might reveal a ticket or pink temporary license, you can go online and check if your case has been filed in court. Most...
Was this a 1st, 2nd, or 3rd dui? What courthouse will this be heard? Did you call the DMV and request an APS hearing? I would need to have you answer these before I can opine. If a 1st time dui I would expect some type of quasi jail via community service, you could also expect a 6 month license suspension by the court upon a guilty plea entry but allowed to get a restricted license after only 30 days of that hard restriction.
Go to your local bar association and get a referral to a local dui attorney. Go to that attorney and explain the situation and ask him to do a little research for a dui attorney in the area that you were arrested. As a dui lawyer I know the reputation of many other dui lawyers across the nation. It will not be difficult for your local attorney to find a good out of state attorney for you.
23152(a) describes the level of proof on a dui prescription drug case. On these cases I will subpoena all documents related to your blood testing , the calibration records from the gas chromatograph , the officers DRE rolling logs , if he was a DRE , and then get ready for trial. The problem that you will face is that there will be no successful negotiations unless you set it for trial . The DA sees a number and thinks " oh, he must be impaired"
Been married for 8 years. Neither of us are sure if we want to call it quits or just take a "break". If we file for separation, how does that affect alimony if after a year or 2 we decide to ask for a divorce?
A separation does everything that a divorce does except get you divorce so you could remarry. The alimony will be set based on the statutory guidelines regardless if you ask for a divorce or separation
Is it even possible to change from separation to a divorce? yes
No injury accident on 10-15-2013, except to myself. Case filed on 09-10-2014 for misdemeanor 23152 DUI. Pled not guilty on 10-03-2014 at arraignment. Next court date is 11--17-2014. My blood count was zero for alcohol. My question is can they add or change the charges after I pled not guilty, and also its now over 1 year since the accident.
Yes, the DA can amend or change the charges but they need the court's permission to do so. The DA can even amend a case during or at the end of a jury...
According to the Constitution, we as a free people are not required to be licensed to drive an "automobile" as long as it is not used for business purposes, which would then be considered a "motor vehicle". If, after my license has been suspended for a year because of a dui charge, do I legally have to provide a license to an officer if I have been pulled over for a traffic stop?
Also, can I legally use this as as a defense if I were to be arreseted.
It is clearly stated in the US...
Go back to court and explain to the court of your plans. One possible outcome is to suspend the classes and the community service to the point in time in which you "return" to the states. Or, stay a little longer and get your classes and community service completed before you leave. Hire the services of an experienced DUI Lawyer would has strong ties to that courthouse and see if he can work out a feasible resolution.
If your eligible to receive a license then get one asap. last situation you want is where you are put in a position where you have to drive someone else's car and you are not licensed, you get pulled over, their car gets impounded, and you have a whole new mess on your hands.