I was pulled over November 5th 2014 for a DUI in which my roadside was .07 in my blood test was .06 but I had my prescription which is a benzo in my system. There's no Squad video there's no audio all it is is my word vs the officers. I've been to...
I understand your frustration with the system, and you're doing the right thing by litigating your case. The legal issues you're asking about have layers to them, and the answer depends on some facts that you haven't mentioned. Officers have two methods for obtaining blood/breath/urine samples from people who are arrested for DWI. If the officer follows the "implied consent" method, then your consent to take the test is a critical issue. If the officers follows the search warrant method, they don't need consent to execute a search warrant. It sounds like the officer did not get a warrant in your case, so the issue turns on your consent. The judge makes the call on that issue after hearing all the testimony and reviewing the facts. Even though you lost that challenge, your case sounds like one that should go to trial unless the prosecutor is willing to offer a worthwhile compromise. Trust your public defender's advice, but ultimately it's your decision to go to trial or accept a settlement. Good luck.See question
Will my charge be changed when I go to my initial appearance or will they not find those!
Like you can see from Ms. Knight's answer, your question is a complicated one under Iowa law. Your priors could definitely still come into play even though they haven't yet. Work now to get an experienced DWI defense attorney retained so you can stay ahead of the curve.See question
I got my 2nd dui and have my cdl. I'm wondering if I can use my suspended imposition so that I don't lose my cdl
I assume you're talking about a "stay of imposition" for your previous DWI criminal case. That case would still count as a prior if my assumption is correct. You need to consult with an experienced DWI defense attorney so you can get one retained to start working on your case ASAP. Your career is hanging in the balance with your CDL on the line.See question
I have a DUI in Kansas that I was not convicted for in 2013 then I recently got one in Missouri. Since it is a different state will it effect the dui that I received recently?
There are a number of variables that will make a difference. If Missouri law allows for aggravation of a DUI because of a prior, it depends on how Missouri defines a "prior." For example, in MN where I handle cases the state can use either a criminal conviction or a DUI-related license revocation as "prior" no matter what state it occurred in. You should contact a few experienced attorneys who handle DUI cases in Missouri to get a clearer answer, and to get representation. Good luck.See question
I was arrested for DUI in Florida, I refused a breathalyzer. I moved to Georgia during the process of the case. I was found not guilty for the DUI. But the license suspension was upheld due to the refusal. Can I get a drivers license in Georgia if...
You won't be able to get a license in any other state if you are revoked or suspended in another state.See question
I was put on supervised probation less than a month ago and have had 2 meetings with my probation officer already with no drug testing being done. I have a drug and alcohol assessment scheduled VERY soon and I know for a fact that I will fail a dr...
This varies from place to place. Some places do a test with an assessment, some don't. It sounds like you're already on probation so any positive test at this point could cause a violation to be filed, but you'll also have a violation if you don't do the assessment.See question
I had a test fail with my ignition interlock. I called the installer right away & had a 5-10 minute conversation about what was happening he informed me to stick with it until I passed. After our phone conversation I brushed my teeth & rinsed my m...
This is a duplicate post, see my response to your other post.See question
I went back to my car the time had lapsed & the device said test canceled. In that time Maybe 10 minutes had passed. I turned off the ignition then turned it back on & passed. What are going to be the consequences as far as my driving privileges g...
The response from the DMV about this incident depends on a few variables. If you are someone who was cancelled and required to do the interlock for at least 3 years, then any indication of alcohol may cause the DMV to restart your entire 3-year period. It is almost impossible to get them to change this if they do it. If you're someone who is doing the interlock for 1-2 years, then this won't be a problem at all unless you are on your last 90 days of interlock programming. You don't need to inform the DMV about this, and hopefully they'll notice that you passed the test about 10-15 minutes later.See question
I have an omnibus trial for a second degree dui. My brakes went out and I crashed into a building with almost double the limit. How should I proceed?
Perhaps you have already talked with some attorneys about representation for this serious offense, but if you haven't, you should. Most second degree DWI offenses come with mandatory jail time, but sometimes an experienced attorney can work to eliminate or reduce that, even if there isn't a way to win the case.See question
I was convinced to go with a teen driving course even though at the time I am 21, I was told it would be worth my money. But they didn't tell me I would have to go through the same process as a teen driver ex: driving 30 hours with an adult. One d...
Contact the TX DMV to ask them about your official status. They will be able to tell you if you need to do anything else.See question