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Catherine Ann Drees
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Catherine Drees’s Answers

322 total


  • Can incorrect Florida Statute on expired tag citation be dismissed with prejudice?

    My daughter's bday was 8/3 and she was stopped on 8/10 for no reason by officer. She was given a DUI test which she passed and she does not even drink. Officer even told her that she was the "best person he's ever done a dui test to". Upon asking ...

    Catherine’s Answer

    Please see 320.07(1). It used to be on the last day of the month but that was changed to midnight on the persons birthday.

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  • Disqualify Magistrate - state failed court order drug test, but granted custody?

    I read the rules of disqualify magistrate and states not legally sufficient if I state an adverse ruling. However, one of the items I feel is showing bias/prejudice is the fact I provided photo evidence that ex was involved in drug use, provided ...

    Catherine’s Answer

    Sir,
    Where is your family lawyer and do they know you are contacting a public website? This is not a criminal law question. It is a family law question as criminal judges do not handle custody issues. Please repost under family law as it is very complicated.
    Good luck, sir.

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  • Will I be charged additionally if I fail my second drug test for marijuana on pretrial services?

    I was charged with possession of cannabis under 20g and was placed on pretrial release with the agreement that I complete a level 1 ADI Online program. The day that I signed up for the ADI I checked in with pretrial at the Deland courthouse and wa...

    Catherine’s Answer

    You violated a pretrial contract between you and the State. Instead of being straight enough to pass the drug tests, you were not. Thus, your Level1 has been withdrawn and you will likely be placed on probation for Possession. If you violate that, not only will you go to jail, an adjudication carries with it a six month license suspension! I do not believe there is a hardship license for that suspension.

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  • Can i get a DUI reduced to careless driving, if my BAC was .128?

    i was involved in an accident, with no serious bodily injury. Blood was taken for a BAC reading. the result was .128. I received two tickets, one for careless driving and the other for DUI. For the purpose of work, it would'nt be convinent to have...

    Catherine’s Answer

    You could be charged with an aggravated dui with property damage
    Only a serious practitioner of dui law can tell you if the cops did not handle this arrest in a manner which would lead to a dui being catapulted down to a careless.!!
    Good luck and start talking to defense attorneys who handle dui cases

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  • What is the possible charges for possession of drug paraphernalia but no drugs?

    A friend of mine was caught with marijuana in my car while my pipe was in the vehicle, of course there was residue inside of the pipe however none of the marijuana that she was caught with was used in my pipe nor by me. I was not present at the ti...

    Catherine’s Answer

    you state you were not at the scene of the crime, if I read this correctly, therefor I do not believe they could charge you simply because you own the car.

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  • If you violate pre trial release will you be sent to jail?

    Charges; possession of cannabis not more than 20 grams, possession of paraphanalia, unlawful use of I'd and driving with license suspended/revoked. Got bailed out on may 10 2016 had mandatory drug screens every Monday for 2 months. On July 11 2016...

    Catherine’s Answer

    All of the responses are correct, but I want to add one thing. If he does not have representation, he could be adjudicated on the cannabis charge. This carries a mandatory suspension of his license for at least six months, and the last time I checked, there is no right to a bpo to drive on. Get him a lawyer or his life will become very complicated.

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  • What can I do to get my driving privilege back? Can I sue? I believe that my constitutional rights are being violated.

    Michigan has a "hold"on my driving privilege, not allowing me to get a valid driving license in the state I have resided in for almost 20 years. I got a dui in Georgia in 11996.I complied with all conditions of my sentencing.To my knowledge I have...

    Catherine’s Answer

    You desperately need an attorney in Michigan or you will go another 20 years without driving. Holds must be cleared by the state of Michigan and we don't practice up there. You may be able to do it without going back there.
    Good luck

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  • If Defendant B was orally sentenced to Count I, II and VI isn't that illegal? How does this get corrected?

    Defendant A and Defendant B committed a crime and were indicted. Defendant A was indicted on Count I, II and III. Defendant B was indicted on count IV, V and VI. I am under the impression that the oral pronouncement given at the sentencing hearing...

    Catherine’s Answer

    Only a jury or a judge DURING A TRIAL can find someone guilty. If the client pleas to the charge, they can plea nolo contender and the Court will follow the sentencing recommendation of the Assistant State Attorney and the defense. If the judge withholds adjudication of GUILT the defendant is not a convicted felon. Additionally, all counts in the same case must be served concurrently. You may be confusing some of these archaic words we use, but the result is the same.

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  • See above situation with questions.

    Spouse convicted DUI 5/14, adjudication guilty - no contest (had accident with no injuries and with liability insurance). Probation, community service, fines, vehicle immobilization completed, substance abuse eval & treatment as well as DUI school...

    Catherine’s Answer

    a client of mine was told that FR-22 was not for the dui conviction, but as counsel above has noted, need FR-44. I would call around as this is very expensive insurance. The requirements for your court probation do not have to tell you what the DMV will requires. Sorry.

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  • I am shaken up of this stealing accusation

    I am shaken up of this stealing accusation: I Walked in to a store with a t shirt I bought from another store (it was around my neck cause the BAG BROKE! from where I bought it I had no receipt not that it mattered as the receipt would not have sh...

    Catherine’s Answer

    theoretically you could have been arrested. T-shirts are commonly sold at numerous stores and made by the same company. Additionally, most gentlemen who have a shirt around their necks, have been to the gym or outside working out. I know of no one who would put a brand new t-shirt around their necks, but you did have the bag and another item you purchased at that store. Loss prevention officers in the larger stores are horrific. They are bullies and do not have to comply with behavior rules limiting law enforcement. I am glad you were not arrested but try to keep your receipts if you want to shop at more than one store.

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