Expert Advice When You Need It Most
This is my first DUI offense/criminal record ever. I am an international studentCalled my friend to inform I was capable of driving. Upon a traffic light, I was at 40miles/hr. Was 20ft away when it turned yellow. To avoid jamming brakes and skidding, I drove on and crossed a YELLOW light. I was on left lane when I got pulled over. I did not know I had to pull over to the right as this was my first time getting pulled over. Crossed over to the right. The officer told me that I crossed a red light( what are my words against a law enforcer). I know I passed my sobriety test, which was claimed impairment. Breath test showed 0.124BAC. I admit I was driving while intoxicated. After a 2nd breath test at the station. they let me leave. Should I apply for the petition hearing? And what exactly goes on in the court and diversion? How do I remove this offense from my record? Attorney answers (2)
Reputation Level 17
Answered over 2 years ago.
DUI / DWI Attorney in Janesville, WI.
You words against those of police officer may be very powerful in the right circumstances! This would depend on many more facts than you can/should post here, including, the officer's demeanor on the stand. (The more you post, the less confidential your case becomes.)
You may have valid defenses to the stop, as well as the breath test. But you will never know for sure, unless you consult with a local, experienced DUI attorney. You can find such an attorney through the National College of DUI Defense: www.ncdd.com. Most initial consultations are free. So, you have nothing to lose! Also, if you are on a student visa or have some other immigration-related status, I suggest you consult with a local, experienced immigration attorney regarding how this will affect your student visa/immigration status. Good luck!
Add comment
Reputation Level 20
Answered about 2 years ago.
Lawsuit / Dispute Attorney in Chicago, IL.
Many people post questions here asking about their chances in court. No one online can validly predict what the future holds. The subject penalties may be based on a myriad of reasons. Many factors such as age, prosecutor discretion, what judge you have, whether witnesses are credible all matter and that makes it near impossible to say what "does he get".
Check with a NE lawyer in your locale to discuss more of the details. Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. Related Questions3 Attorney answers: 
Asked by a user in Houston, TX - 3 months ago. 3 Attorney answers: 
Asked by a user in Tempe, AZ - over 1 year ago. 3 Attorney answers: 
Asked by a user in State College, PA - 5 months ago. |