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On Cinco de Mayo, I was invited to company party. I arrived at 4:30 PM and left around 6:00 PM. When I first got there, I had one Margarita. Before leaving I drank some water and did not feel buzzy so I decided I could drive. I drove around fo...
I think you would benefit from consulting a DUI lawyer on this, and having them contact the DA early on and make sure you know about any applicable timelines (e.g., the DMV hearing another lawyer mentioned).
One thing I would be curious about is, do the police/DA believe you were also under the influence of something else, other than alcohol.
Nowadays, the police/DA are used to seeing DUI drivers who may be under the influence of multiple things--e.g., alcohol and prescription drugs, alcohol, alcohol and MJ, etc.
They may (incorrectly) believe you were under the influence of more than one intoxicant, and move forward with their case on that basis.See question
Can you get a dui if you are drunk inside the store and not in your car?Keys are in car but not in ignition. There is store video footage showing this person driving up to the store. Cops came in store and arrested him.Is a Dui possible if you a...
Yes, you can get a DUI if you are not in your car.
But, it is not an automatic thing.
It boils down to whether the police can prove you were the driver, and whether you were intoxicated at the time of driving--depending on the facts, which a good trial lawyer can analyze, and weigh the pros and cons of, there may be a defense here.See question
Will being on probation for their first DUI with Reckless driving and with a suspended license effect the removal of conditions with form I-751 if the probation or suspension has not been completed? Person was arrested and is being charged with 3...
This scenario presents questions related to criminal law, as well as immigration law.
It would be prudent to approach this as you would a medical case where the patient had issues with their heart and their brain. Such a patient would want to consult both a heart specialist and a brain specialist. Yes, some physicians have training in both, but generally it is going to be very difficult to find some one who is fabulous at both.
Attorneys are the same--find a criminal attorney you really trust, and separately find an immigration attorney you trust as well, to ensure you get proper legal counsel.See question
I like to drink wine with my meals, but I am worried that my legal rights will affect my wife's Diversion program, if for instance: the Parole officer decides to come into our house for a search and finds that we have a wine collection and other s...
The best way to look at this is to use common sense and risk management.
Risk management suggests that, if law enforcement came across a situation where your wife has access to alcohol, a police officer may try to use it against her (whether they are actually correct or not is a different question).
The real question is whether you and your wife would want to spend time and energy dealing with the police if they came across such a situation. It would be prudent to create a situation which, if the police were to come into contact with your wife, put tend to make it difficult for the police to pin anything on her.See question
I was given a ticket for theft 1 when I went to court I was offered diverson I refused decided to leave it up to a jury to decide. they said there was enough circumstantial evidence to convict me I asked for discovery they produced nothing it neve...
You should really consider consulting an attorney on two issues: how you can clear your record; do you have any ability to sue civilly.
An attorney would need to understand the exact details of what happened with the Theft I case before providing you with legal advice. If you want solid advice from an attorney, you really should hire somebody, meet with them, and have them do some footwork to make sure you are protected.
You may be in a situation where you could still be charged and prosecuted, it happens all the time, you should really be careful how you proceed. Good luck.See question
I received a DUI a little over a year ago. I went through diversion and paid my fines. About a year afterward I was witness to a domestic dispute and in turn game the officer my name. Found out I never went to my final court date to finalize every...
This is a situation where your DUI (a criminal act) has potential consequences for your job (employment law).
A skilled attorney can work with you to understand exactly what your rights are, and help you pursue your goals.
There may be ways to protect your job, but it depends on the details.
Good luck.See question
well the judge has ruled that it was too many setbacks on the trial and that specifically wasn't going to be changed and when it was time to go to court to pick the jury it go setback another year because the witness wasn't ready the witness hasn'...
There is no magic number for how often a trial can be reset.
That said, there are a number of factors that a judge will often focus on, such as the nature of the charge, if there are any personal victims, whether the defendant is in custody, how long the case has been pending.
A criminal defendant has a right to a speedy trial, and a criminal defense attorney can help you get a case tossed if the defendant's right to a speedy trial has been violated.
Good luck.See question
It's 10 days in jail can't I just pay money instead of losing it by not being able to provide for my family!
Congratulations to you for cleaning up your act and providing for your family. This is huge.
What you really need to do is simplify the situation for yourself: Do you want to deal with the arrest warrant on your own terms? Or, do you want to just leave it out there, so that you will be forced to deal with under circumstances that will interrupt your life randomly? You should assume that the arrest warrant did not just disappear.
A skilled criminal defense attorney will take steps to help you resolve the arrest warrant on the best terms possible, and help you protect what matters to you the most.
Good luck.See question
The first DUI offense was a DUI accident 9 1/2 years ago and the other party was injured. The second offense involved an accident and reckless endangerment and is awaiting trial. Time has been served upon arrest. What kind of sentencing/convict...
There are some big things to worry about for a person with multiple DUI's: a significant jail sanction; not being able to serve jail in a low key way (e.g., at a work release center); a driver's license suspension that may be longer than the usual suspension; higher mandatory fines.
An experienced defense attorney can help you review the case and do everything possible to get the case resolved as smoothly as possible.
If you have had a prior criminal case and had a defense attorney, then you know that you get what you pay for. You should find an attorney who you are comfortable with as soon as possible, to help you do everything possible to protect your interests. Good luck.See question