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I first got pulled over for "speeding". he then did the eye test on me twice and asked me to step out of the car. at the time it was late at night and raining, when he had me perform the sobriety tests. he then breathalyzed me and would not tell me my results. he placed me under arrest for suspicion of DUI yet did not read me my rights. handcuffed me and took me to hospital to give a blood test which I did not consent to, and got breathalyzed two more times. a different police officer then breathalized me and was being respectful as to tell me my results which were a .09 and .10. any advice? please? officer said he got me going 60 in a 35, yet I was not ticketed for speeding.any information helps!I appreciate any effort or thoughts you guys may have. thank you. my father came to pick me up
hire an attorney - your readings are low enough that you may be able to negotiate a plea to a "wet reckless"
I was arrested twice for Drunk in Public in College,but was never convicted. How does USCIS look at this when you apply for OPT after a F1 visa or even for a H1 visa or Green Card down the road?
This more if an immigration question. I'll reclassify it for you so until be seen by immigration attorneys.
Hello, I was recently arrested for a Drunk in Public early January. I was arrested and booked for that incident and went through a program called Neighborhood Court and got the charges dropped. However I understand that the arrest will be on my record although the misdemeanor will not. Just 2 days ago, I was out celebrating my 22nd birthday and happened to mess up again and got arrested for another Drunk in Public. This time however, I was never booked as i was sent to the hospital. My notice to appear has a booking required box checked. However, I believe that I can get these charges dropped as well before the court date. Would I have to go get booked even if I most likely will not be going to court? Also if I do not get booked is the 2nd arrest still on my record?
You will likely need to be booked, however, don't go and get booked unless you are ordered to.
I was cited for my first DUI in November 2011. At my arraignment a few weeks ago, I asked the judge for my indicated sentence and distinctly remember him ordering 72 day (6 week) DUI classes. I chose to hire a public defender, and my court date is approaching soon. However, I know that 72 day/6 week programs are for wet reckless' offenses, and a first DUI offense like mine should be a 3 month DUI class. Could this have been an error on his part? Or was he merely being lax because my BAC was 0.10%, near the 0.08% limit? I'm still hoping to be charged with a wet reckless. If I go to court and fail to get wet reckless, can they still order me to take the 3 month classes, even though the judge said it would've been a 72 day class?
Yes you can get 3 month program. You never pled. Speak to public defender.
I had a drink at family wedding dinner, first time drinking too. I waited for 2 hours and i thought i was sober enough to drive home because my house was 5 min. away from there. I drove really normal, and i got pulled over right in front of my apartment. The police officer has said i drove on the bike lane and then he asked "did i drink?". I said yes, one drink, two hours ago. He did all the tests, and when i blew in the machine it was 0.09. I didn't take any blood test. I'm UC student, i never had any tickets before, don't have any drinking problem. I was so depressed and scared. I want to be a nurse, and later they will check my background and the criminal record will show up. This criminal record will follow me for the rest of my life. I'm over 21.
Yes yes and yes! Even if you change it to a wet reckless it's better than a DUI! Call me with any questions....
I got a DUI last year and i have served my suspension and got my valid CA drivers license back. Would it be okay to be designated driver for people that have been drinking if I am completely sober? Would the police put me under extra scrutiny just because i have a prior offense? Is this legal? I have a friend that has never gotten a DUI and chose to be designated driver for a group of friends that had been drinking. She got pulled over and the smell of alcohol from the car was enough for the police to subject her to an entire battery of preliminary alcohol screening tests AFTER she blew a 0.00 on the breathalyzer.
It is absolutely okay for you to be a designated driver. All you need is your valid California driver's license....
24 year old, 2nd DUI with probation violation. Said no to physical FSTs, PAS test .09 with breath test at station of .08 was not asked about sleep or eating pattern and was only pulled over for basic speed violation. I did unfortunately say I had zero drinks when asked, but the machine obviously proved this to not be true. I could afford a good attorney, but want to know realistically if a good attorney could beat this at trial or if I should just save my money and take a plea. Also, would the numerical result of the PAS be heard at trial? I think if the .09 PAS was heard at trial it would not be a good thing as that would eliminate most defense possibilities.
A to save money, you should hire an attorney for the different stages. You can hire an attorney up to trial and then...