I was recently arrested on a felony warrant on a delivery charge. I've got the motion of discovery and the address where they did the controlled buy isn't my address in fact the address doesn't exist.
You need to hire a lawyer to review the entire case, not just one fact. That lawyer can tell you if the error is important. We cannot do that without the whole case, and you should not post that information here.See question
My son was sentenced to 15 years, doing 50% in state prison. He has done 24 months so far. On November 1, 2016 the sentencing guidelines were changed for that charge to include a maximum sentence of only 10 years. Can my son file something to get...
I do not understand the 50% state prison issue, but that information is not needed to address changes to the federal guidelines. Whether the guideline change can be used to change his sentence depends upon the expressed intent of the Sentencing Commission. If the change was enacted with the express statement that it is retroactive, he can try to get a lower sentence. If it was not made retroactive, it will not affect his sentence. You or your son should talk to his lawyer about this.See question
I have done all probation, dui school, suspension is over. Question is do I have to pay the reinstatement fee in Ga and apply for license in Tn. Ga has a law about putting a breathalyzer for 6 months. but I live in Tn now. dui was in 2009. In Ga y...
TN will not issue you a license so long as you are suspended in another state. You must clear the GA suspension first.See question
I have been to test the alcohol in the state of Kentucky and the test result 0.022% Does the law be held accountable for that? Can I not get CDL ?
I cannot tell whether you were charged with anything. It seems unlikely that you were charged if the BAC as .022. If it was .22, that is a different story. You need to rephrase your question. It is not clear what you mean by the law being held accountable.
If your test was truly .022 and you have no other DUI's or any other disqualifying convictions, your CDL status should nto be affected. If it was .22 you will lose your ability to get a CDL for a year if this is the first DUI. If it is a second lifetime or you have two or more DUI's in the past you cannot get a CDL.
If you were charged with DUI contact good DUI counsel immediately.See question
My son is on probation and has a medical marijuana license yesterday he went to his counselling and was arrested because they wanted him to come down off the marijuana and his numbers were still up after the police officer got him to the jail they...
The test results will be available as part of the discovery in the probation revocation proceeding. Discovery is the materials that the DA must provide to the defendant or defendant's attorney. As a practical matter the tests that were done were screening tests, not final confirmatory tests. Screening tests are subject to false positive reesults. The urine should be sent to the State Lab for confirmatory testing by Gas Chromatography/Mass Spectrometry testing. Those results should also be available in discovery.See question
It's for a charge of drug possession from 14 years ago....I've never been convicted of any serious crime or oui or dwi and the warrant isn't extraditable. I showed to court for arrainment and missed second court date because of a snow blizzard.I j...
I must assume from the facts you gave that Massachusetts suspended your license for failing to appear on the drug charge, and you have not appeared in Massachusetts to resolve the charges. If that is the case the suspension in Massachusetts is listed in the National Driver Registry. The NDR is a database that was created as part of the Problem Driver Pointer System. All states belong to the PDPS agreement. That agreement requires a state to refuse to issue you a license if there is a suspension in another state. Because of this Maine will not issue a license until you clear the suspension in Massachusetts. You may be eligible for a public defender in Massachusetts to help you with the drug case.See question
I am currently on probation for DUI, with breathalyzer tests every four hours during the day. Does a breathalyzer have any way whatsoever to distinguish NyQuil from vodka? I realize they are both alcohols, but could it differentiate by using pro...
Breath test machines only detect volatile chemicals such as alcohol. It will not detect non-volatile substances such as acetaminophen. The only ingredient in NyQuil that should show up on a breath test is alcohol.
I cannot imagine a probation officer asking for a liver function test. Such a test would probably not confirm or reject the use of NyQuil. A liver function test tells us how the liver is functioning, not why it is functioning a certain way.
As for legally defensible, hire a lawyer to look at the entire case including the machine records.See question
Charge OUI - officer just pulled me over based on citizens tip. Failed the field test -- blew 0.0644 next blew 0.0606. Sounds like a complete violation of my 4th admendment right.
You are wrong. The Supreme Court ruled in Navarette that an anonymous tip can be grounds to stop you for DUI in some cases. You should hire a lawyer to defend you on this.See question
In 2008-09 I received 2 DUI's in 20012 I was told I could get CDL back. Now I'm told I have a live time restriction. Is there a way to get it back. I live in Pennsylvania Thanks
Two DUI's is a lifetime CDL revocation. Federal regulation make it possible for you to petition to get it back after ten years from the revocation date. The earliest you can get it back is 2019, and then it is just a maybe.See question
Male 209 lbs 2 beers at 10:40, 2 beers at 11:00, 1 beer at 12, 1 shot of tequila around 1am. Traffic stop at 3:06 am., with a .12 BAC at arrest. Chose a blood test and blew a .087 around 2 hours later at detox. Not imagining there will be anything...
The AA and treatment are good ideas.
The rest are bad ideas.
Stop listing what you did on the internet.
Do not write to or talk to the officer without the approval of your attorney.
Do not try to negotiate this case on your own. Get an attorney.
You should not do anything with regard to the police, court or the prosecutor. That is your attorney's job.