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Hello, So i was given the Breathalyzer test. If i blew positive well over the limit two times and then a few minutes later blew under the legal limit, is this enough cause to argue that the machine was faulty? It makes no sense for me to blow well...
Questions that come to my mind- the readings were they from one source? Or from just before you were getting arrested for the DUI if you blew in what is known as a Portable Breath Test (PBT). PBT readings are used for the Judge to see if there is enough evidence to support a DUI arrest. It is not allowed to be used at a trial or suppression hearing. The official breath test that is allowed at trial is the BAC machine at the police station. Allegedly it is suppose to be reliable and there are times when it is not properly calibrated, certified and other issues that arise. An excellent source to find an attorney who is seasoned in DUI Defense is through the National College for DUI Defense. Lot of information and questions to ask if a prospective attorney is a good fit for your legal needs. http://www.ncdd.comSee question
police stopped me I didn't do any test thy booked me and released me .I also have a spended sents so the court wont help me can u please help me
I do not practice law in NH. With that said. Attorneys who are trained extensively with DWI\DUI law can be found on the National College for DUI Defense. http://www.ncdd.comSee question
Im.doing a devertion pogram
You are granted a diversion and you ask our legal community if your UA would shoe Alcohol after a six day period. I practice in both Oregon & WA. There are sophisticated UA tests that can go back more than seven days to detect substances including Ethanol. Instead of trying to beat the system wouldn't a wiser course be follow the Diversion requirements? That is the honorable thing to do as the Court is trusting you to comply with its Diversion Court Order.See question
I've been recommended for commitment, although I have a hearing first (I'm out of custody). Can I just say I was drunk and pay a fee to retake this evaluation? Do I have any options? I've quit drinking altogether and am taking anti-depressants...
If you are in an Alcohol & Drug Treatment center then ii would benefit you to work with your attorney to see if compliance reports that include random & watched UAs will be in your favor to retake the evaluation. See if you can qualify for a public defender to at least see what your options are and if you can go and hire an attorney skilled in Criminal Defense. Best of luck.See question
what can I expect if I elect to do the diversion program?
Diversion is a great program for qualified individuals who want to quietly and easily take care of their DUI. To be eligible for diversion you must meet a certain set of requirements. Most first-time offenders are eligible, but notably excepted are people who have commercial drivers licenses. The laws regarding diversion eligibility have recently changed. Under the old laws, a person was eligible if they had not completed a diversion program within the past 10 years. Today, the new law says that you are eligible only if you have not undergone a previous diversion program in the past 15 years.
The diversion program is a program of education and counseling. To successfully complete diversion, a person must attend a victim impact panel, take an alcohol evaluation, go to recommended treatment classes, and pay a host of fees. Other requirements include not driving without a valid license, not driving after having any alcohol, not committing any traffic crimes, and generally obeying the law. The victim impact panel is a one-time class that is typically given at a hospital. There, you will see some gruesome images and hear from people whose lives have been adversely affected by drunk drivers. The alcohol evaluation is another one-time item that must be completed. A county evaluator will review your police reports, your DMV driving record, and have an in person interview with you to determine how serious your treatment needs to be. At a minimum, the lightest treatment schedule anyone can receive is to demonstrate 90 days of sobriety.
Diversion operates differently in every county as far as the nuts and bolts of getting through the process and into the program. Individuals may enter into diversion programs in every major Oregon county, including Washington County, Clackamas County, Multnomah County, Hood River County, and Marion County. Furthermore, the availability may be available in many of the city (or "municipal") courts that operate within these counties. Finally, you should note that the diversion period in Oregon lasts a full year. At the end of the year, if you have successfully completed the requirements of the program, then your lawyer can have the original DUI charge dismissed as if it never happened.
It is legal for you to drink alcohol in diversion. It also is legal for you to drive. However, there is a zero-tolerance policy of drinking and driving while in diversion. Any alcohol while you are behind a wheel is too much. Furthermore, you must completely abstain from alcohol use while you are doing the "sobriety" portion of your treatment (typically at least 90 days). The diversion application fees total $458, and this amount can be paid on a payment plan with the court. The victim impact panel typically costs $50 and the alcohol evaluation costs $150. There are additional costs for the treatment program.
For 12 months you will risk conviction for an array of possible violations that range from actions as serious as committing a new crime to things as mild as having a beer. There are many ways in which you can slip up and, if you do, you go straight to a judge for sentencing. Also, during this 12 month period, you must install and maintain an ignition interlock device (aka- Blow & Go) in any car you drive. No just your main vehicle that you drive, but also includes work vehicles, rental cars and anyone else’s car. Many hoops to go through, still the huge benefit of diversion is that, if you do jump through all these hoops, you have a good, broad path to the dismissal of a case where a conviction is not eligible to be expunged and would never come off your record. No jail, no fines, no community service, no driver's license suspension and you keep your record relatively free of any evidence of the DUII. As I mentioned, each County has its own particular and specific requirements and working with an experienced attorney who knows Washington County Oregon will be the best avenue to select in order to achieve your goal.
first offense, no arrests, nothing confiscated, no tickets, no names taken. Said will mail us our charges. We did not call cops to break it up so we are in trouble cause we did not want anyone leaving intoxicated and were going to feed them and so...
A charge is an accusation; if you are innocent, defend the charges vigorously. Couple issues that come up from what you wrote above is that the government represented by the Prosecutor will have to prove beyond a reasonable doubt that you provided the alcohol. Another issue would be to point out to the prosecutor the timeline of when you were present. Your mere presence at the scene doesn't make you responsible for the minor's drinking alcohol unless you had knowledge the alcohol was present with underage people. If the alcohol was provided at YOUR house, you have a duty to stop underage people who are not your children from drinking and exert power to take alcohol from them or tell them to leave. Clearly depends on the evidence presented by the Prosecutor. Strongly recommend if you are charged, you retain a criminal defense attorney. Best of luck to you.See question
My husband was arrested for a dwi warrant and he is suppose to be sent to klickat jail but he has been in since 8/30/12 how long can they keep him in for and will they even take him to the other jail since he has and is gonna be in the longview ja...
It would be a good idea to contact the facility he is to do his jail time and let them know he is in Longview jail on a bench warrant. Chances are they would have some information about this if they are set up with the SCOMIS & JIS stystem. Also see if he can be brought before the court for bail hearing, his public defender could help him with that if your husband has been appointed one.See question
I am currently going to court for a dui charge, my next court date is a pretrial in a couple weeks and am hoping to have a deal worked out with the prosecuter by than. But i just recently received a ticket for drinking in a public park which i now...
The person who will be most affected is you. If you go to court and your attorney does not know about it, what can happen is if the prosecutor brings the new charge to the courts attention the court will consider if this violates the conditions of release that were set by the court and the Judge could revoke your bail if one was set and take you into custody or if you had not posted bail then the court has the option to take you into custody and setting a bail amount. Also if the court had order you to not drink alcohol that too is a violation of conditions of release that the court will want to address with you.See question
I had been asked to leave me car, in a drive-thru, not allowed to move it or retrieve my identification, or wallet. I assumed that I was not free, etc.
An officer does NOT have to read the Mianda warnings before having to do the FSTs. The Courts have ruled that since the FSTs are not verbal, not testimonial then the FSTs are Not required. Amazing isn't it? Further an Officer is REQUIRED to inform the person suspected of a DUI investigation that the FSTs are VOLUNTARY. The FSTs include the following: Horizontal Gaze Nistagmus- eye test to see if the eyes have a jerkiness pattern; The Walk & Turn; The One Leg Stand; in addition there is a Portable Preliminary Breath Test that is also Voluntary. Unlike the official Breath Test taken at the police station,a serious consequence occurs if the accused asserts the right to decline will carry at least one year drivers license revocation.See question
As stated in title, I received my first DUI recently. I am 29 years old, and the only thing still *possibly* on my record is a Minor In Possession from when I was 19 (This was supposedly taken off of my record - diversion). I have never even had a...
A good attorney experienced in DUI defense can view your legal options. Regarding the accident, depending on how it is charged, could possibly see if it qualifies for a compromise of misdemeanor for a dismissal, and that is a big IF it qualifies. Unfortunately, the government has little interest in who you are as a human being, what you have not done in any criminal violations, being a good Samaritan, etc.. what is on your plate is a charging decision based on procedural justice that is brutal. it is wise to seek an attorney. I suggest choosing someone from the Nat'l College of DUI Defense. Take care.See question