I have argued this before in my jurisdiction. Basincally, the decision to take or not take a breath test in my jurisdiction (WA) must be voluntary. If the decision is coerced in some manner by law enforcement, it is not voluntary and should not be admissible. If the driver had asked to use the restroom, and better yet if heshe had done so repeatedly, but was told, not until you take the test, then arguably, the test would not be voluntary, but coerced. Your attorney should research MI cases...
Because blood is always higher than breath in the post-absorptive phase. Your liver couldn't process the 4 drinks in an hour so it stored the alcohol in your muscles and tissues. They release it back into your blood for processing though the liver by your veins. Guess where your blood was drawn from? Right. A vein, not an artery. If you had taken a breath test instead at 2:30 you would have been very much lower.
Most anti-depressants have no impairing effects. Lately however, law enforcement agencies across the country are putting a new emphasis on arresting people for DUI when they get pulled over for a traffic infraction like speeding.
The prosecution is going to have to prove, beyond a reasonable doubt, that the anti-depressant caused impairment that affected your driving. The State usually has trained expert witnesses that work for the government, and it is their job to give this kind of...
He should ask for a hearing with the judge. He probably would be best off hiring an attorney to help him.
"DUI courts" are popping up all over and they are not friendly to the offenders they serve. They are tough, merciless and unreasonable in my experience.
If people have a choice, they should opt for the regular system and skip DUI Courts. I guess it is too late for your boyfriend.
Probably the case was dismissed without prejudice, which means that if the prosecution can get the evidence they feel will be enough to convict, they can re-charge you.
What you should do is listen to your attorney and not panic.
This is not unusual and while I empathize with you in that you thought it was over, it sounds like your attorney knows what he or she is doing.
Sounds like you need to ask the court for a hearing to determine whether you are eligible to have a portion of your fine allocated to the IID costs. Contact the attorney who helped you with your case, or if you have no attorney, ask the court to appoint one to help you on a motion to modify the judgment to allocate IID costs to the fine.
You really should get a good attorney because if you don't you will have a DUI conviction on your record probably for the rest of your life. With the facts you provide a lawyer might be able to get the charge reduced to something lesser than a DUI.
In most states, you can get a DUI/DWI even when your breath test result is .000. This is so because the law in most states allows a person to be guilty if their driving is affected by, or impaired by, alcohol or any drug, regardless of whether this exists a valid chemical sample of breath, blood or urine. The outcome of your case depends greatly on two things, the nature of the driving the officer observed, if any, and the talent and skill of the lawyer you hire to defend you. You can find a...
Well, how do you know WHAT he cited her for if she wasn't driving in the HOV lane and the RCW as you read it is not a valid number? You don't know unless you request discovery and read what the officer wrote in the narrative portion of his report--you will probably be better able to read the RCW section on the copy you receive from the court.
I wouldn't rely on the judge dismissing it just because the it looks like it is an invalid number on your illegible ticket--it may be a properly cited...