How can bac b/c of blowing be held against you, or even understanding your rights at all when u r drunk? If you're super drunk you can't legally consent to sex right? Or buy a car drunk? Or get something notarized, take a driving test, i don't ...
The implied consent law eliminates that as a defense. To clarify though, involuntary intoxication is a defense to a DUI.See question
I received a DUI arrest after blowing a .194 I was cooperative and I was released on my own recognizance, no previous violations of any kind
The higher the breath test the harder a negotiated reckless is to get, but it's possible. The biggest factor are the facts of the case, and the investigative process. DUI's are complex cases, and you need someone who practices regularly in that area. There are many of us in your area. Check Avvo and contact a few. We can give you a better sense of possibilities with more information.See question
I want to appeal the federal claims in Federal C/A. The case is closed so I have 30 days from date of ruling. I need to get police reports in the file and another file that contains 5600 pages of evidence. Also, may I appeal the federal claims A...
Appeals are a very specialized area of the law. As a general rule, evidence can't be added on appeal. However, there are possibilities involving the trial court or the appellate court depending on the nature of the case. I would strongly encourage you to contact an appellate attorney immediately, time is always crucial in an appeal.See question
My 25 yr old daughter was detained @ Walmart for petty theft on 2/16/15. She was 9 months pregnant & stepped outside the senors (still in store lobby) to get a redbox movie & was detained by security. She was taken to a room & Walmart Mgr & police...
Turning herself in is an option, but not the best option. It's worth trying have the capias withdrawn, and reset the court date. An attorney can help you navigate this process.See question
I violated felony probation almost a year ago by not going to my appointment. I had 5 months left of a 1 year probation sentence. I have since had a baby, and found a job, so you can understand why I don't want to go to prison. Is there anything I...
The penalty for a violation varies greatly based on the facts of the case. You should consult an attorney about advocating for you. A violation doesn't necessarily mean jail time.See question
out if 5 yrs probation i have 10 months left and i am having trouble getting a job i don't want this one thing to ruin the rest of my life.
Completing is the first step. After that there are statutory requirements that must be met to seal a record. Those requirements include the disposition of the current charge, your prior record, etc.. A criminal defense attorney in the area will be able to assess your situation quickly.See question
I was sentence as a Youthful Offender back in 2009. I did 4yrs in prison and 2yrs on prbation. This is my 3rd violation, they all have been tect violations. this 3rd violation is for not suceessfully completing treatment and I owe probation fees e...
This is not a great situation based on what you've told us here. The punishment will depend heavily on your judge, and the facts of the underlying case. Also, you may have some legal arguments relating to the maximum penalty given while on probation. I'd find an attorney in your area that handles criminal cases.See question
I GOT LOCKED UP IN 2001 AND GOT OUT IN 2010 AND WAS STILL PAROLED FOR 2 YEARS. I WAS WRONGFULY IMPRISIONED AND WAS LET GO AND I WANT TO GET THIS LOOKED INTO.
Being wrongfully incarcerated isn't enough alone for a civil suit, however, it is a significant factor. The manner in which you were investigated and prosecuted must be looked into to as well. Consulting an appellate attorney in your area is the best course of action.See question
My fiancé was found guilty of attempted in the second degree and for having a gun / ammo while being a felony delinquent . Here's the best part NO WEAPON WAS RECOVERED. No finger prints no forensic no nothing . He was convicted because some low li...
Your issues are time sensitive so you should consult with an appellate attorney immediately. Many attorneys have options for retainers when a client has a tight budget so don't let that discourage you.See question
I am scheduled to go before a hearing panel and I would like to know, if a wins the case with the DMV will my DUI charge stay on the driving record? Will insurance company ever find out ?
If you win the DHSMV hearing then the suspension will be invalidated and removed from your driving record. However, that is only the administrative side. The criminal case will still exist and end up on your driving and criminal record, assuming you aren't acquitted at trial. These hearings are important and can impact the criminal case. You should contact an attorney in your area that handled DUI cases.See question