Got pulled over for suspected dui taken to the station I blew once he stated he had gotten a reading and said I had to do OT again. So I tried two more times wasn't doing it right he said if I don't do it right again ots going to be a refusal. I s...
Yes. Cops can't just request to test anyone. They have to have a legal reason.
Moreover, the officer lied to you and maybe even PennDOT. The officer's statement that a refusal to sign is a refusal too is not true. You do NOT have to sign.
You should speak with an attorney ASAP. There are strict time limits on appealing the suspension. And you need a lawyer who can explain the difference between the civil and criminal sides of a refusal and represent you if need be.
Good luck!See question
I made a dumb mistake of doing heroin. I did a bag and before I left to go home I stopped at a 7/11. I was in my cat at the time I overdosed. I had my learners permit on me but didn't have anyone above the age of 21 with a licensed driver. When th...
Yes. You can fight. However, to prove a DUi, the government does not need to prove "driving."
You really should contact a lawyer immediately. As an alternative to fighting the case, you may want to consider a deal. A DUI defense attorney can best explain all the options.
Good luck,See question
I was in a motorcycle accident coming home from work when a cow ran into me. I was taken to the hospital with life threatening injuries. They took a blood sample and are charging me with a DUI.
The answer is it depends. Generally, the police need a warrant to take your blood or for the hospitals blood test results. However, there are exceptions. Moreover, there may be other ways to fight the charges. Do not wait to speak to a lawyer who handles DUI defense.See question
With the new supreme court ruling 2016 happening, What is a guesstimate that would happen with open cases with blood drawn without warrants. From my understanding the blood that was drawn cant hold up in court. If that is the case would the DA be ...
The new case you mention was actually three cases that were consolidated. One of those cases was one in which the defendant only agreed to give a blood sample after being told he would be charged with a crime if he refused. The Supreme Court sent the case back to determine whether that instruction coerced the consent. So the answer to your question means it depends.
That being said, more informed district attorney's are conceding the point. However, all that means is they agree not to use the blood results. They can still prosecute based upon observations.See question
I got arrested for a dui the other day and The officer never read me my rights. And the only paper that I signed was for my blood work.
Miranda warnings are not a concern . I'm answering because I assume the police coerced you into giving consent to the blood draw by telling you you would face an increased criminal penalty. Based upon a recent United States Supreme Court ruling, that is unconstitutional. You should hire a lawyer immediately.See question
He was given 12 years in March 2001 for a 3rd time offense. The judge told him he gave him to much time but he would have to appeal it so I'm looking for some kind of case law to show he was given to my time
Contact a lawyer straight away. If the only conviction was for one count of a third offense DUI, then the maximum sentence was five years. However, the lawyer who represented him should have known this and said something at the time of sentencing. If the lawyer did but judge didn't listen then the lawyer should have appealed.See question
Somebody said they saw me driving while intoxicated..Supposedly,someone called in and said I was leaving a bar Intoxicated and driving..The police showed up at my door Charging a DUI They did not pull me over they did not see me driving..My car wa...
Unfortunately, if your blood comes back over the limit, the police will most likely file charges. However, you have a good defense based upon what you said. Like the other attorneys said, you should hire a lawyer.
If you are on probation or parole, an arrest would violate the terms. So, if you are, you should not wait to hire an attorney. You want to try and nip this in the bud.See question
I am a WV CDL holder suspected of DUI in PA. I do not need my CDL for work however. I am learning of the ARD program and do not know how it will affect my regular license, which I need for work in WV, due to being a CDL holder.
Your regular license will be suspended for up to 60 days. Before you jump into the ARD program, speak with a few lawyers about the facts of your case. Many, like me, offer a free consultation.
During that consultation, which can be by telephone, I would find out more about the facts of your case. The goal is for you to make an informed decision about your options.
Remember, you are innocent until proven guilty. And everyone, including the police, have to play by the rules. If the police didn't play by the rules, you may be able to beat the charges.
Now that you have a few answers, start calling attorneys. Go with whomever you feel the most confident in.See question
I got a dui in February in PA. My court docket says dui 1st offense highest tier. It is my third dui within the last 10 years. Can the prior dui's be held against me?
Contrary to the answers I read, you could be facing a third offense. However, it may only be your second. The reason I have a different opinion is because the ten year look back law changed. It is now ten years prior to your sentencing, assuming you are convicted of this offense.
Moreover, do not assume you will be convicted. You are innocent until proven guilty. There are many ways to fight these cases. Additionally, you may be eligible for a program that can reduce the penalties you face if convicted.
Regardless, as others have said, call a few lawyers who, like me, offer a free consultation. There are a lot of questions I have about the facts of your case before I can give you any other advice. After you speak with a few lawyers, you'll be in a better position to chose the right one for you.See question