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at the time of my accident i was told i was being placed under arrest for DUI, taken to hospital, consented to chemical blood test with results of .218 bac, the officers left before my wife came to pick me up, and was not cited at the time nor read my rights when placed in cuffs. do i have a leg to stand on with these charges as far as fighting them in court? i was under the assumption that they must cite you at the time, and release you into someones custody. i received the summons 3 weeks later for 1st offense.
The Rules of Criminal Procedure permit the arresting officer to release you and proceed by Criminal Summons, which you...
I did not know my friend's car had an expired registration. My driving was fine, but the cop pulled us over anyway, stating that he ran the tag and it came back expired. The dispatch records, though, show that I was pulled over a good minute before the info about the tag came back.
I guess I'm not getting it. The disputed facts have nothing to do with whether you were driving and whether you were at...
My partner was the driver I a passenger in our work truck that is registered to me. We were first in line on a one way st waiting to make a left onto another two lane one way street that leads out of town. There was one marked one unmarked patrol cars first in line to our right waiting to go straight on the two lane road heading out of town. The light changed they both went through. We then made our left and proceeded a few hundred yards to the next light to make a right and arrive at a scrap yard. At this same light is a Dunkin Donuts which the officer said he pulled into to run my background. He said he couldn't find our vehicle that it got away from him so he mailed a citation but never pulled us over. The police have a known distaste for me in this town. Will I win appeal? Can he lie ?
You've asked a number of questions, but I confess to some confusion by your next to last item about whether you will...
I was convicted in 2012, completed A.R.D. in 2013, and by the time I plan to travel in June 2014 it will have been expunged. I've heard that this can result in inadmissibility at the border. I also understand that admission is largely at the discretion of the border agent. I don't want to get turned around after a 9 hour drive. What should I do?
This should not be a problem as you were not convicted of a crime if you were put on ARD. That's the beauty of ARD...
also once the intake process is over and they get classified and have to do therapeutic community. what does all this entails and when are they eligible for parole or early release.
You might be eligible for a program, depending if the judge approves it.
I have had some serious problems in the last few months as I have been arrested twice for DUI, once in Del and one Chester County, PA. Leaving aside my terrible judgement during these 2 incidents, I am curious as to how the DUI's will be treated. Due to their closeness, my attorney believes they will both be treated as 1st DUI offenses, with the DMV recognizing that I do in fact have 2 DUI's on my record and treating it as such. More specifically, in your opinion, am I looking at a year suspension for the first offense and then an additional 18 months for the second as it was a 3rd tier, or will there be a different timeframe as they were so close together? Whatever the case, any idea how long it will be until I can apply for an OLL license?
I'm sorry, but if you have an attorney you need to direct all of your questions to him/her. It's unethical for me to...
I hit a telephone pole while drinking and driving, I did not leave the scene and was very compliant with the trooper but I do have the feeling I will be in the third tier for BAC, the trooper mentioned he will recommend me for ARD. I was the only person in the car and was not injured what are the chances of denial into the program?
Consistent with the Trooper's remarks, I would expect that you would be offered ARD, but I strongly recommend that you...