http://www.avvo.com/legal-answers-search/dui-dwi.html Avvo.com - DUI Questions http://www.avvo.com/legal-answers/i-received-a-first-offence-owi-and-have-a-clean-re-166755.html I did submit to a PBT which was .12 and was administered a chemical test at the Police Station. The BAC Datamaster ticket showed "invalid Sample" which I found out is not a refusal after obtaining a copy of the BAC Datamaster Operator Manual. The officer was supposed to wait 15min and take another test and if it showed "Invalid Sample" again, they were required to obtain a blood draw after getting a court order for it. The officer did not do either and just wrote me up for Refusal and OWI. I am confident the Refusal can be dismissed on account of the officer confusing "Invalid Sample" with a "Refusal". I wanted to know how this would affect the outcome of my OWI charge? How would not having any chemical test evidence affect my OWI charge? Is possible it could be dismissed without it? Sun, 22 Nov 2009 02:20:29 PST http://www.avvo.com/legal-answers/can-a-person-selling-alochol-ask-who-is-driving-an-166747.html I was at Food 4 less (a grocery store) with my boyfriend who had been drinking. When I went to check out with a bottle of vodka they asked for our IDs. Then she asked us who was driving. I said I was and he asked what if he were driving. She then proceeded to tell us that he would be in a lot of trouble. Understandable. She then told us that I needed to go get the car and pull up so she could she that I was driving. When he told her she couldn't do that she refused to sell us any alcohol. Is this legal? He was not drunk and didn't even look it except his eyes were blood shot. We were honest that he had been drinking, but he just started a new job and has to be up at 5 am, so he's still trying to get use to it and isn't getting much sleep. Advice? Sun, 22 Nov 2009 00:59:48 PST http://www.avvo.com/legal-answers/do-i-have-any-options-if-my-p-d--tell-s-me-i-am-go-166723.html This is not a murder charge. Basic as poss. My accuser. Has 5 D.W.I.,s that I know about. Neighbor. He helped me move a mattress one day. Broke his knee very bad from jumping off rockery to the drive way. (with mattress) Took him to hospital. His injury was very bad. Gradually after about a month, he said he wanted to sue my landlord. I said no. You jumped on your own. Various time,s he would say that It was'nt his fault.(the wind ect.) About a mounth later, after a invite over the phone, I went over to his apt. Just to say hi. Live 2 blocks away. This person was very drunk. I was there a 1/2 hour . Before I left, he charged at me by the door. I braced myself with my hand,s open. He then said I hurt his knee again.I promptly left. He charged me with assault 2. Anyway I'am innocent. Sat, 21 Nov 2009 22:10:17 PST http://www.avvo.com/legal-answers/convicted-felon--resident-alien-question--166718.html Hi, my dad is a resident alien for over 30 years now and was just given a misdeameanor and a felony. one is carrying a pistol while intoxicated and second for carrying pistol without a permit. the prosecutor has offered my dad probation for 2 yrs - he's looking to accept this the 30th which is his next court date. Besides this there are no other arrests ever made, except a dui in 13 yrs ago. His green card should expire soon (2-3 yrs) could this conviction get him deported? also, the prosecutor would also change the felony to carrying a dangerous weapon, instead of a carrying a firearm if he accepts the probation deal that was offered. Thank you, your input will be very much appreciated. - Julio in CT. Sat, 21 Nov 2009 21:58:21 PST http://www.avvo.com/legal-answers/getting-a-public-intoxication-off-record--166674.html I was given a ticket for public intoxication. The ticket states that I was yelling (actually shouting for a cab) outside of a bar, when approached they could smell alcohol on me and said I stated that I was a 6 out of 10 on drunk. I was only given a 100$ ticket and dont have to appear in court, I was not arrested or anything. My question is, how serious is this charge? I can not find out if this is a misdemeanor or just an ordinance violation. The city of bloomington is giving me a hard time when i try and ask these questions. Should I just pay the 100 dollar fine (like a speeding ticket) or fight it in court? Oh and the ticket says ordinance violation on it? Can that still be a misdemeanor? Thank you! My optional court day is march 1st Sat, 21 Nov 2009 19:35:32 PST http://www.avvo.com/legal-answers/if-you-are-pending-a-custody-case-in-ga-and-move-t-166656.html We have no custody agreement. I left Ga in Jun 07. She called in Oct for me to get two of my three kids. I asked for all and she said no. So I took my two oldest. Took kids to see their mom after Christmas 08. She got arreseted and sent to jail for a dui, suspended license and she had a warrant out for her. Was in jail until Feb 4th. Brought back my other child with me. Sent kids to visit mother for summer while fiance'(in the Army) and I PCS'd to Co. She was pose to send them back once we settled in and she didn't return them. She lives with her mother and was served by the sheriff custody papers. She moved from Ga to Va with her mom. We are pending a custody case in Ga. Is she allowed to apply for child support in Va knowing that we are pending a custody case in Ga? Sat, 21 Nov 2009 18:52:08 PST http://www.avvo.com/legal-answers/is-it-legal-to-drive-to-the-court-ordered-madd-mee-166616.html Is it legal to drive to the court ordered MADD meeting with a restricted (not suspended) license? Sat, 21 Nov 2009 17:07:16 PST http://www.avvo.com/legal-answers/can-i-get-full-custody-or-supervised-visitation----166497.html My ex and I have joint custody of our 6 year old child. But I have our son 96% of the time. My ex has been arrested 3 times for DUI. He has been in two car accidents within the last two months; there was one incident where he fled the seen leaving his friend behind. I'm afraid to let my 6 year old go with him. I have asked him if I would be able to take our son to him so that may visit with eachother, but he gets mad and says that he has to be alone with our son. What should I do in this situation???? Help...... Sat, 21 Nov 2009 11:26:46 PST http://www.avvo.com/legal-answers/can-i-be-fired-for-a-dui-felony-conviction--166415.html The DUI occured over three years ago, I pleaed no contest. I served 120 days of work release also on parole for one year. I notifed my employer of the conviction. They walked me off property until a investagtion. Sat, 21 Nov 2009 07:12:45 PST http://www.avvo.com/legal-answers/can-one-officer-search-your-vehicle-while-another--166413.html Myself, a relative and a friend left out of my relative's apartment and got into my car directly adjacent the apartment. The keys were in the ignition (turned back) allowing for the radio and car cell phone charger to operate. We were not driving nor had any intentions of leaving. About 4 minutes later a squad car pulled to the rear of my car, with lights and another towards the hood. The officers got out of their cars, guns drawn and asked us to get out of the car. I asked the officers for a reason and he did not respond. One began to cuff me and the other search the vehicle. The friend asked why I was being arrested, the officer asked him if he had been drinking and he said yes he drank a beer before coming outside. The officer said he was publicly intoxicated and arrested him. Sat, 21 Nov 2009 07:07:22 PST