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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 got a dui in monterey ca. I scored a .15 on a Breathalyzer and was driving a ten mile in a 25 mile zone. Can I win?
What are my chances I didn't mean to harm no one I just left the hooka bar and got lost in monterey while I was trying to get back to the hotel. I want to fight it but what are my chances of winning with a .15 breath test
Monterey county is a difficult county to fight DUI's in. They have a special prosecutor's grant, so the prosecutors...
1st DUI: 1385 dismissal set aside by appellate court and remanded, but blood test suppressed (upheld). What happens now?
I am hoping to get a clearer understanding of where things might go from here. There will be a hearing on remittitur soon and I won't get a chance to talk to my PD before then. ADA is almost certainly going to continue prosecuting my case, but I am uncertain of what effect the blood being suppressed might have on my charges. Originally charged w/ (a) & (b) counts + high BAC enhancement, but since the blood is out (no PAS) there's nothing to sustain the (b) count or the enhancement...right? Will the case be remanded with all the charges intact or can the ADA adjust the complaint before returning to the trial court? Finally, am I allowed a second 1538.5 hearing since the case has been dead for nearly 1 year? Thank you for your time and any help you can offer. So confused and bewildered...
without a blood test the b count cannot go forward. the o emsing charge would be the a or under tbe influence charge...
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