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I got a DUI over 2 years ago and was on informal probation for 3 years. i was driving the other night and got pulled over for my 3rd brake light being out. when the officer asked if i had been arrested before i answered honestly and told him about my previous DUI. I had one beer with dinner, but then ate a big meal and drank nothing but ice water before i left. i was in no way intoxicated. the officer made me blow in his breathalyzer that they had in the car and did not even perform a field sobriety test. i blew a .01 and he arrested me for breaking my informal probation and am now facing a 2nd DUI. He took me to the police station for finger prints and whiles i was there i asked for a breathalyzer or a blood test.. he refused to give it to me saying that thew one he used in the car was fine. Isn't this illegal? Don't they have to give you a blood test or breathalyzer at the station? Especially if i requested it?
You are actually arrested on her DUI but for the probation violation vehicle code 23 154 driving with a measurable...
Can I get a DUI reduced ,3 years after the charge in California ? can I get a DUI reduced after 3 years in California ?
clear record before and after...no crash..nobody hurt..no injuries
What do you mean? We're you convicted or has it been 3 yrs since arrested?
I am still on probation from my first DUI, and got pulled over for my 3rd brake light being out. The officer breathalyzed me with a pas and i blew a .017. I was arrested for charges VC 23152 (A), VC 23154 (A), and VC 24252 (A). This happened on Thursday, and they had me booked till Monday which was suppose to be my court date. I bailed out the following morning and now my court date is on the 20th. I was told its not a 2nd DUI, but a violation of probation. I can't seem to find much info on this. What are the consequences and is it treated the same as a 2nd DUI? I was also not field sobriety tested, and my request for a blood test or breathalyzer at the police station was denied. Thanks.
From the facts you provided, this should not be a full blown DUI charge, but it will be a violation of probation. You...
My wife was arrested for DUI. She blew a 0.00, but the officer insisted she give blood. She spent the night in jail, car was towed, etc. She appeared at her court date and the DA hadn't filed any charges. She was told the DA had up to a year to file. 6 months had passed and she received notification in the mail the DA was now pressing charges. She couldn't obtain the toxicology report from the DA or the CHP. She appeared in court again and said she wanted to plea not guilty and asked for a public defender. The public defender's office set up a phone interview and said she had opiates in her system. She had taken Norco a few days prior due to a broken foot. Will a public defender be able to fight her case and would they drop her DUI charge?
Yes, she could get a DUI for prescription. That, however, doesn't mean she should. As for public defender, it honestly...
i went to a concert at 7 had 1 beer and 1 glass of wine, then at 10:30 had went to a bar had 1 shot. From the bar was followed by police. They said they pulled me over for expired tags but that wasn't true. i have licence, reg, and insurance. They had me do a breathalyzer test 4 then took me to jail. They never read me my Miranda rights.
The reading or not reading of Miranda rights plays very little role in most DUI prosecutions and defensive you should...
I was charged with a DUI, having blown a .08 flat at a checkpoint. I have consulted with an attorney and she believes I have very strong case to have the charge dismissed or brought down to a reckless driving charge. My bigger problem however is that this happened in the midst of a job interview process and have received an offer today. While I recall that in CA employers are not allowed to ask about anything that a potential employee has yet to be convicted of, I know that an arrest will still show on my background check. Therefore, I wanted to know get a gauge of how to handle the situation so I don't lose m job if and when I receive a conviction, be it a DUI or Wreckless Driving. As of now, the employer mentioned that there is no further background check process.
Employers can ask about pending cases. Unless asked, disclosure of the pending DUI case is up to you. That is a...
I recently drove through a DL / DUI checkpoint and random drivers were being directed into a parking lot for screening. I was not so directed. In the past I have refused to answer questions at DUI checkpoints and been waved through. I had not been drinking and had nothing to hide. This scenario is new to me. Am I legally required to submit to and cooperate with this ?
Yes, you are. It is not optional.
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