Mark A. Broughton’s Answers

Mark A. Broughton

Fresno Criminal Defense Attorney.

Contributor Level 16
  1. What can i do about a DUI with drugs, marijuana, if i was never given a blood test but failed the field sobriety test?

    Answered 10 months ago.

    1. Mark A. Broughton
    2. Jeffery Kirk Rubenstein
    3. Victoria L Clemans
    4. Gabriela Monserrat Lopez Arcos
    5. Michael Jon Fremont
    6. ···
    11 lawyer answers

    Without a test of some sort it will be nearly impossible for the case to be prosecuted. I say nearly because if the officer observed some poor driving, smelled marijuana, and you performed poorly on the FSTs, a case for "under the influence" might still be charged. But it will be very difficult to prove without some evidence of alcohol or drugs in your system at the time. By the way, a medical marijuana card does not give you the right to drive with marijuana in your system, particularly at a...

    21 lawyers agreed with this answer

  2. DUI/Possession stop about a month ago. Court date in three weeks.

    Answered 11 months ago.

    1. Hudson Thomas Bair
    2. Mark A. Broughton
    3. Philip Daniel Hache
    4. Benjamin Alika Okin
    5. Daniel M. Fox
    6. ···
    11 lawyer answers

    As we often say, the best way to handle your case is to hire a criminal defense attorney. It is very hard to defend against a bad stop when the only witnesses are the driver and the cop. But, depending on the facts and the manner in which the cop is cross-examined on the witness stand, the facts can be brought out. Yes, the law says essentially .08 or great, so on the nose will be sufficient to violate the law. But again, there are many ways to attach the accuracy of the breath results. The...

    16 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. What are examples of involuntary confession defenses besides 1)not being Merandized 2) being threatened 3) offer of deal/promise

    Answered about 1 year ago.

    1. Mark A. Broughton
    2. Joshua Matthew Dale
    3. Alexander M. Ivakhnenko
    4. Jasen Bodie Nielsen
    5. Sheldon Irving Rosinsky
    5 lawyer answers

    This is way too broad a question to answer in this forum. Every case of this nature is fact specific, and the situations in which the court has analyzed the issue of "involuntary" confessions are voluminous. This is a heavily litigated area of the law, which changes constantly. You should take your specific case or situation to a qualified criminal defense attorney to have it thoroughly reviewed. If this is just for some research project or homework assignment this is not the place for that.

    15 lawyers agreed with this answer

  4. Got a dui in 2011, never went to court. taking responsibility for actions now and wondering what to expect.

    Answered 10 months ago.

    1. Matthew William Hoffmann
    2. Mark A. Broughton
    3. Stephen Amory Meister
    4. Philip Daniel Hache
    5. James Nelson Dicks
    6. ···
    8 lawyer answers

    Yes, you need to speak to an attorney. There are not enough facts or information here to answer your question. The result of every case depends on the facts, such as the alleged blood alcohol level and the reason for the vehicle stop. A good lawyer will know how to defend the case and get the best result. Unfortunately, yes, it can have an impact on your military career.

    14 lawyers agreed with this answer

  5. I have a DUI case but my name isn't on the police report can I try to fight it?

    Answered 12 months ago.

    1. Paul Henry Neuharth Jr
    2. Mark A. Broughton
    3. Jasen Bodie Nielsen
    4. Andrew Stephen Roberts
    5. James C Forslund
    6. ···
    9 lawyer answers

    Of course there's a chance of defending on an ID issue, but there is other evidence - such as statements you have made - or the case would not have been filed.. But like my colleague before me, why would you ask this question here if you have a lawyer?

    14 lawyers agreed with this answer

  6. Can I drink a little bit before driving on probation?

    Answered about 1 year ago.

    1. Christopher Irvin Simser
    2. Mark A. Broughton
    3. Michael Kevin Cernyar
    4. Dan Eugene Chambers
    5. Neil James Fraser
    6. ···
    9 lawyer answers

    It's true. Don't drink and drive with any measurable (.01 is considered measurable) amount of alcohol in your system or you risk a violation of your probation. If your blood alcohol is .08 or greater, or you are otherwise under the influence you will be charged with a second DUI and the penalties are much greater than those of your first conviction. I agree...don't drink and drive at all.

    14 lawyers agreed with this answer

  7. How can I ask to fire my public defender for in effective counsel? Its sentencing and will the judge deny it?

    Answered about 1 year ago.

    1. Harry Edward Hudson Jr
    2. Mark A. Broughton
    3. Antoinette Cara Liewen
    4. Anthony Michael Solis
    5. Lee Alan Thompson
    6. ···
    6 lawyer answers

    If he is your boyfriend's attorney he does not represent you. He represents him. But if your boyfriend thinks his public defender has provide him ineffective assistance of counsel he can address this with the judge in a closed hearing. He does this by making what is called a Marsden motion, or a Marsden hearing. The judge will listen to his complaints, and the response of his public defender, and then decide if your boyfriend should have a replacement public defender. This issue can, and...

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Entrapment defense?

    Answered 11 months ago.

    1. Jared Parnell Eisenstat
    2. Mark A. Broughton
    3. Dan Eugene Chambers
    4. Kelvin P. Green
    5. Brian K Wanerman
    5 lawyer answers

    I agree with the previous answer but would add that it is water under the bridge since your motion was set aside. Unfortunately, this is something that should have been evaluated before you entered your plea. Entrapment is a very hard defense to prove, however.

    13 lawyers agreed with this answer

  9. If I never had my rights read to me does the arrest still stand up in court?

    Answered 11 months ago.

    1. Leigh Gretchen Fleming
    2. William Peter Daley
    3. Mark A. Broughton
    4. Antoinette Cara Liewen
    5. Mark Lawrence Deniz
    6. ···
    9 lawyer answers

    Just because you blew a .07 does not mean you cannot be charged or convicted of a DUI. There are actually 2 DUI laws: driving with a .08 or greater, and driving under the influence of alcohol and/or drugs. If you were stopped for irrational driving and performed poorly on your field sobriety tests, you could still be charged under the latter section. True, you could prevail with a good criminal defense attorney, but just because you didn't blow a .08 or more is not necessarily the ind of the...

    13 lawyers agreed with this answer

  10. Will his bail be revoked and he'll have to go back to jail or, worse yet, be deported?

    Answered 12 months ago.

    1. Anthony Michael Solis
    2. Giacomo Jacques Behar
    3. Michael Kevin Cernyar
    4. Mark A. Broughton
    5. John K Lassen
    6. ···
    7 lawyer answers

    Yes, I agree with both the other answers

    13 lawyers agreed with this answer

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