Accident followed by 6 hours of nothing, then a breath test
Yes, you can be convicted for DUI even if there isn't a chemical test. Your lawyer can likely prevent the chemical test from being used in the prosecution's case but, if the DA can demonstrate that you were impaired (by using admissions, witness statements, circumstantial evidence) at the time of the accident you can be convicted of DUI. Without a lawyer (actually, even with a lawyer) the prosecution may try the scientifically invalid theory of retrograde extrapolation to support their claim that you were above the legal limit at the time of driving. A skilled DUI defense attorney can definitely help you defend against any charges that may arise from a chemical test 6 hours after an accident.See question
I fell asleep on the wheel and hit a parked car in front of my home, I called the police, I did have only three drinks that night but I know that was not the reason why I fell asleep and right in front of my apartment too. The officer tested me ri...
You should definitely discuss the facts of this case with both a DUI defense attorney and possibly an insurance attorney. Unless your policy specifically excludes DUI from covered acts you may have a bad faith claim too.See question
My doctor is planning to prescribe me Adderall but I found out that they are actually could cause DUI. Im just curious under what circumstances can someone get flag for Adderall DUI in their system. Does police would just test your urine randomly?...
You can get a DUI for Adderall (or any drug) by their very nature drugs cause impairment. (Aspirin impairs pain, fever and many other things.) If you are lawfully stopped and law enforcement detects impairment and thinks that impairment is due to drugs they can arrest you and get a chemical test from you either by your consent or a warrant issued after judicial review. Adderall is not typically commonly associated as a drug that causes impairment but I'm sure that there are potential levels at which it would cause driver impairment.See question
My stepson is a menace to society. He was in and out of juvenile Hall and then got a DUI a year ago when he was 18. He recently did a plethora of horrible things: stealing his Mom's car, burglarizing her condo, taking the cops on a chase, going t...
Your step-son is facing some very serious charges, what he punishment he actually will get is likely to be significantly different than the maximum penalty for what he is facing. The evidence for some violations may not be as strong as others and pleading guilty to one charge may result in another being reduced or dropped.See question
I don't have a license and it will take me 90 days to get one because i will go to second revision. The judge told me if I don't bring in one month I will get arrest for anything. If I drive without a license or anything that gets police involved....
While I don't understand your question, it seems that you may have a driving on a suspended ticket. The Judge gave you a month to get a license for it to be reduced to some other violation of the vehicle code and you can't get your license for 2 months. If this is your question, usually with a good excuse and a demonstration of progress toward getting your license, Judges will extend the time to produce a valid license and then the DA may offer to reduce the case. Your lawyer is really the best resource for information.See question
I was fired when Manager called me in office said that "witnesses" saw me drinking from this cup that she says she took out of trash can and "swabbed" twice that it was + for Alcohol and that "it smelled of alcohol too" I was FLOORED here's WHY......
This is really a better question for an employment lawyer. Unfortunately, its now too late for you to go get an independent laboratory to conduct a test of either your blood, urine or breath.See question
DUI nobody else involved.. open container...
Without a lawyer you will pretty much go in and say "guilty" they will ask you to fill out forms that acknowledge you understand and waive your constitutional rights (including the right counsel) and the Judge sentences you however the District Attorney wants him/her to do. While it is understandable that you don't want to pay more $ for a stupid mistake, truth is you may have defenses that will reduce your consequences and may save you money over the next several years.See question
i got a dui back in may 2014 and im doing my dui program still, i have about 5 months left
Since Mr. Hill is in LA County his advice is probably right, BUT the statute requires the IID for 5 months in a pilot county like LA.See question
I had a .07 BAC LEVEL N DMV HAD DISMISSSED THE CASE N NOW WAITING FOR THE COURT DATE N HIRED A DUI ATTORNEY TO BEAT MY CASE SO PLZ PROVIDE ME TYE ANSWER
If you hired a lawyer, you ask him/her the answer to this question, after all that's why you are paying them. However, nothing ever really "disappears" from your record it only gets "masked."See question
I am only being tested for acohol but i have to take a general drug test. Nine months ago I had spine surgery and my back aches on a daily basis and i have my medicinal marijuana card, will i win in court?
Before using MJ I would discuss it with the person supervising my probation. Your attorney could return to court for modification of the terms and conditions of probation if your supervisor thinks abstaining from MJ is part of the terms of your probation.See question