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Richard C. Southard

Richard Southard’s Answers

5,854 total


  • If I drink one lite beer, will I fail a breathalizer?

    I will ask a non-drinker to drive if 1 can of beer will cause me to fail the breathalizer test.

    Richard’s Answer

    While one beer, should NOT be enough to raise your blood alcohol content above the legal limit, some portable breathalyzer testing units can be unreliable and affected by recent drinking or belching, among other factors. Always best not to drink at all when driving.

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  • Can police search you for "looking suspicious"?

    can police stop and search and then arrest you for looking suspicious? a store called the police for me "looking suspicious" when police came they halted me searched me and found a fake id then arrested me for the fake id, isn't there a frui...

    Richard’s Answer

    More facts would be needed to adequately address the legality of the search issue. It would be litigated in front of a judge whose opinion is the only one that ultimately matters. My guess is that the officer will claim that you either 1) consented to the search or 2) claim there was no search and that he simply asked you for ID and you provided him the fake one. hire an experienced criminal attorney to help insure that your record is not "ruined". Remember nothing you say in a public forum such as this is privileged or confidential.

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  • What is the probable outcome in this 7th degree possession charge? (NY PL 220.03)

    I have an ACD in Westchester County for Marijuana. I was given a DAT yesterday, and arrested for 7th degree possession of cocaine. What are the probable outcomes in court? Is there a chance for this to be reduced?

    Richard’s Answer

    There are too many variables to declare a "probable" outcome. Your goal should be to hire an attorney to help you avoid having a criminal conviction from these two cases, however they can. Then you have to start evaluating how you can change your behavior to avoid putting yourself into positions like this in the first place.

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  • What can I do if I'm supeaned to grand jury to testify in a theft case that I dropped the charges against a family member?

    I dropped the charges but DA still filed.

    Richard’s Answer

    You cannot drop charges as it is the State that is bringing charges; you are merely a witness. If you do not comply with a validly served subpoena you may be guilty of contempt of court.

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  • Can and should I press charges on someone if they punched me, grabbed me by the throat and threw me on the ground?

    There was an argument going on between 2 coaches after a game. A woman was taping and said that she came here looking for a fight. I turned around and she was filming. Stupidly I told her to stop taping and went to grab her phone so she turned and...

    Richard’s Answer

    You have the right to contact the police and file a report. The statute of limitations on misdemeanor assault charges is two years. Whether you choose to that is entirely up to you and not a legal question; it's a personal decision.

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  • BAC pending

    Last weekend I had a few drinks, my first drink was at 8:30pm and my last drink was at 12:30am. Within this timeframe I consumed three mixed drinks (vodka). I felt absolutely confident to drive and was pulled over and given a DUI. I blew a .07 a...

    Richard’s Answer

    Mixed drinks make an inexact science even more inexact. The literature that you're basing your calculations on assume 1 ounce of vodka but some bartenders have heavier pours than others so it could have been 4.5 -6 ounces instead of 3. Also some vodkas are stronger than others. Best to retain an experienced DWI attorney and refrain from making admissions on the internet that are neither confidential or privileged and could in theory be used against you.

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  • Can my fiancé and I get married in Jamaica still 3/2017 with a dwi felony

    My fiancé was arressted and will be charged with a third offense dwi felony. (This is his first feeling ever, but because it is his third in ten years it may be a felony.) We already have our wedding booked. He will be on probation, no jail time...

    Richard’s Answer

    If he is on probation, he will certainly need permission from his PO to travel to Jamaica.

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  • Help - Pokemon GO and Celeb - NYC Park Violation of Section 1-03 (A) (1) Title of offense: Hours of operation 1am - 6am

    Last night, I was playing pokemon go, the phenomenon that has over taken the entire world by storm. Normally I do not travel to far from where I live but I heard a celeb was going to be in the area who also plays pokemongo. I took the train from B...

    Richard’s Answer

    As humorous as your story is, the charge is an unclassified misdemeanor that could give you a permanent criminal record. Luckily there are many ways to get the criminal charges dismissed. Hire an attorney if you are able.

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  • What paperwork must a cop submit to a refusal hearing if they fail to show up?

    I have my second refusal hearing coming up in a few days. My first one was adjourned because the cop didn't show. No paperwork was submitted the first time. I'm trying to find out what needs to happen to have a decent chance at winning this hearin...

    Richard’s Answer

    Most of the refusal report is pre-printed with the elements necessary to sustain the burden of the State. You should hire a DWI attorney experienced enough to know how to argue that the State hasn't met their burden despite having this report submitted into evidence. These arguments will largely come from the narrative portion filled out by the police officer in your case. I have won many hearings against a report, so it's certainly possible but if you want a "decent chance" of winning, you will need the help of a professional.

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  • Can I sue the City for an illegal search of my home based on bogus information?

    The police came to my home recently to conduct a search of my home for narcotics with a search warrant. I did not hear the police knock on my door at 5:30 a.m. The busted my door down. During the search they handcuffed my two sons and told them...

    Richard’s Answer

    If the search warrant was validly issued, you won't win.

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