Archived
Arrested dui blood test taken at phoenix station showed slight trace of alcohol and metabolites then miranda rights read
Cindy's answer
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Answered on February 13, 2014
As noted by my colleague, your inquiry raises a number of issues including whether there was probable cause for the arrest and a possible denial of...
Archived
Is it legal for a cop to take your blood without your consent or a warrant? Even after you have passed a breath test twice?
Cindy's answer
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Answered on February 03, 2014
Pursuant to admin per se/implied consent law, an officer has a right to take your breath, blood or urine after you give him consent. An officer...
Archived
Can the police take blood, even after you have blown clean twice on breath-Alize's, with out your consent, or a warrant?
Cindy's answer
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Answered on February 01, 2014
If the officer believed you were under the influence of alcohol and or drugs, the law allows him to obtain your blood breath or urine at his...
Archived
Is there a defense for charges of Domestic Violence - Disorderly Conduct and Domestic Violence - Assault.
Misdemeanors.
Cindy's answer
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Answered on January 30, 2014
The defense to a domestic violence charge would be to show that the victim and accused were not in a romantic relationship or that the state cannot...
Archived
Can I apply for a class 6 un-designated to be reduced to misdemeanor and any time
Cindy's answer
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Answered on January 29, 2014
As my colleague has suggested most plea agreements require you to complete probation successfully. Thus, you need to review the terms of your plea...
Archived
I missed court and saw the charges filed on the cities website.
Cindy's answer
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Answered on January 29, 2014
If your case was set for trial; and you had notice, it will be difficult to undo the guilty verdict. As mentioned by my colleague, there very...
Archived
I asked for an attorney at the police station instead of submitting to Breathalyzer?
Cindy's answer
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Answered on January 27, 2014
The law requires that the state prove a BAC within two hours of driving for the .08 charges and above. The state need only prove that your ability...
Archived
Second MIC in Tempe AZ. She already went through the Diversion Class on the first offense. What can she expect?
Cindy's answer
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Answered on January 27, 2014
Tempe has a pretty strict policy about only doing diversion once. However , if the diversion was done in another jurisdiction she may get lucky. ...
Archived
If my case was scratched what's the likely hood of it being dropped?
Cindy's answer
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Answered on January 25, 2014
The case is unlikely to be dropped unless the reviewing prosecuting attorney does not feel there are sufficient facts to establish a crime...
Archived
How to request court to withdrawal guilty plea & is it in my best interest to do so as I do not want a record
Cindy's answer
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Answered on January 23, 2014
A guilty plea may be withdrawn upon a showing that a manifest injustice occurred. Given that the judge went through the guilty plea proceeding...
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