Archived
Have any lawyers ever seen a arrest report for DUI that didn't say the incarcerated person had slurred speech, strong odor, etc.
Patrick's answer
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Answered on January 04, 2019
Most DUI arrest reports prepared by law enforcement officers commonly cite indicia of impairment, to include odor of alcohol on breath, red and...
Will I do jail time ?
Patrick's answer
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Answered on January 03, 2019
If your question is will you be convicted of DUI, there are insufficient facts offered in you inquiry. It would be best for you to stop with the...
Archived
How much jail time am I looking at for 3 unlawful distribution charges and I have no priors
Patrick's answer
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Answered on January 02, 2019
See, Code of Alabama, 1975, section 13A-12-211 'Unlawful distribution of controlled substances; possession with intent to distribute a controlled...
Can a county that has a warrant for for me come to my residence in a different county and arrest me,?
Patrick's answer
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Answered on January 02, 2019
Yes, the law enforcement agency holding the out of county arrest warrant may enter and execute the warrant, provided the warrant has been...
I got my first speeding ticket I was going over 15 miles in a 45 mile area in Alabama will I go to Jail?
Patrick's answer
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Answered on January 02, 2019
Highly unlikely. Code section 32-5A-8 specifies general punishments for violations of the traffic code, except for specific punishment contained by...
Archived
They police arrested me but didn't take my license or give me a yellow form? Should I have blown in the Breathalyzer?
Patrick's answer
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Answered on December 31, 2018
If you were arrested for DUI, then the Alabama Implied Consent law is applicable only to public highways. A private parking lot is not a public...
Archived
Can a confession that was given to the wife from her husband's death bed be acceptable year's after his death?
Patrick's answer
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Answered on December 31, 2018
Possibly; maybe. It depends on the facts of the case. A "death bed" confession is specifically exempted from the hearsay evidence rule under the...
Archived
I came to a complete stop thinking it was a four way stop, I was not issued a ticket ?
Patrick's answer
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Answered on December 31, 2018
A law enforcement officer may, subject to certain statutory limitations, issue a traffic citation at the scene of an accident, even though the...
Archived
If going to jury trial what amount of evidence needs to be present to prove beyond reasonable doubt that one is guilty?
Patrick's answer
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Answered on December 31, 2018
There is no mathematical formula that can be offered or stated. The defendant is presumed innocent as a matter of law and the defendant's guilt...
Archived
When I looked over the police report I found something ?
Patrick's answer
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Answered on December 31, 2018
You are mixing "apples and oranges." If you were issued a traffic citation for failure to stop at a flashing red light, and subsequent to that, a...