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Its my understanding that the P.A.S test is a FST to determine probable cause and if arrested that the CHP officer has to back it up with a chemical breath or blood test that can only be done in booking. I found on the 202 report that the officers states he gave my husband the chemical breath test but there's no record of it and only the P.A.S device readings are in his report a false report of that nature to me should be reason to motion for dismissal if the only 2 things a D.A. has to prove is BAC and if Jake caused the accident . then they have no case with out a Chemical test?
This is a duplicate posting. Please see the prior answer.
Its my understanding that the P.A.S test is a FST to determine probable cause and if arrested that the CHP officer has to back it up with a chemical breath or blood test that can only be done in booking. I found on the 202 report that the officers states he gave my husband the chemical breath test but there's no record of it and only the P.A.S device readings are in his report a false report of that nature to me should be reason to motion for dismissal if the only 2 things a D.A. has to prove is BAC and if Jake caused the accident . then they have no case with out a Chemical test?
Sorry, but no, this will not equal dismissal. The officer can testify to any/all indications he may have observed which...
I wasn't under the influence of anything, I was just really tired. I blew 0.00 on the breathalyzer 3 times and then was arrested on the spot. They took me to a local hospital for a blood test and I know for a fact it will come up clean for alcohol but dirty for marijuana because I had smoked several days before, but this shouldn't matter because I live in California and they have no way of knowing the level of current intoxication or when I smoked it last. They didn't take my license and didn't impound my car either. I have court several weeks from now and was going to claim not guilty. Any information I could get would be good information, because I'm kinda stressed as to what may happen.
DUI drug cases can be challenging for the prosecution. Although marijuana laws have been loosened, it is still illegal...
I was stopped back in August 2013 and I had to pay a $575 fine. I'm wondering what the punishment is for a second offense in December. I was driving home from work and unfortunately I ran into a dui checkpoint (sober). The only wrong thing I did was drive without a license. I believe it's worth mentioning that I am illegal with proceedings in receiving the DACA. What will happen to me?
It can be a misdemeanor that carries up to 6 months in county jail or can infraction that carries only a fine.any...
I have a DUI from 3.5 years ago. I didn't have money to pay my car insurance last month so it was cancelled. Last week I was rear ended and I found out on the site of the accident that my drivers license was suspended the week prior. (Due to no SR-22) Since then I have paid my insurance and a reinstatement of my sr-22 for my license. I honestly didn't know it was suspended because I didn't receive a notice but now I am afraid that even though the officer let me drive home, the dmv will send me a letter alerting me that because I filed my insurance claim and my license was suspended during that time then my license is now actually suspended (for a year or however long). Is this likely? Should I worry about any other repercussions?
I'm not sure we have all of the facts, but from what you posted I do not see a reason that your license should be...
It has been almost 8 years since I got my dui. I have finally started dui class, but haven't paid my fine. Once I complete the class, can the court take my license after I get it reinstated by the DMV?
The court does not generally suspend one's license in a first-time DUI case absent unusual circumstances. The DMV...
She told the Highway Patrol she hadn't taken her meds that day yet they handcuffed her, and continued harassing her until she sobbed, closed her eyes and shut down. She's having a terrible time recovering. Is this an ADA violation?
It sounds more like she needs to get a good DUI attorney. The cops have the right to question her concerning her usage...