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How to get a felony dui removed that you were forced to plead guilty to that was rigged against from the start?
Basically what happened was my mom got drunk one night and fell asleep and woke up an hour later with blood running down her face from her boyfriends 15 now 16 year old son hitting her while both her boyfriend and his son laugh then when she wakes up they both say teach you to get drunk and fall asleep and not do work around the house. Well Ill tell you it was her own money that bought her the alcohol and they expected her to do everything around the house before I moved in while hey sat around playing video games or watching tv or work on dirt bikes and motorcycles that cost more money than what her boyfriend used to make at his job before he got fired for a felony and now they expect me and mom to pay for everything while they use all their money on junk. but both the guys tried hit her
Once a person pleads guilty to any offense, including DUI, it is nearly impossible to get the plea reversed. The...
Is it true that I can't posses a gun or sign anything or vote while I'm intoxicated? Thanks
This is the best question I've ever seen on Avvo. Well played. In fact, you can do a surprising number of things...
I was charged with DWI 2nd offense within 5 years. At my first court date they nolle prossed the charges and wanted to refile them as a 3rd in 10 years. I was told to turn myself in on the Felony warrant within 48 hours. Upon turning myself in I was issued a Misdemeanor summons and released. On the summons it states that 18.2.266.1 did not hold as charge so it could not be used as a predicate offense. Is there anyway the Commonwealth Attorney can ignore the Magistrate's amended charge and refile as a felony again? Can the same same charge be nolle prossed twice? Also, I was only served a summons for the DWI and not the Refusal to take a Breathalyzer charge. Do they have to serve me the summons on the Refusal in order to charge me?
Yes it can be done twice. No they don't have to serve you with the summons. They can wait until you come to court on...
I have the interlock in my car and Violated on morning (.05 - someone else was driving my car...so it wasnt me violating but...
I realize its my responsibilty bc its my interlock) I called my ASAP officer to notify her and told her that I blew after the 5 minute retest and passed and was able to drive myself to work. She called me a month later to hold me accountable for my violation and I told her that when I retested, it passed. She said I "retested" with a .01 and that was a violation. What is going to happen? I dont drink alcohol anymore... and I KNOW that it failed the first time bc the person who was taking me to work.. had drank the night before...but I hadnt.. and I passed w I blew... it was a .01? Could this be from my mouthwash? And what will happen to me since I apparantly violated?
I have experience in these cases in Virginia Beach. VASAP requires that a retest be conducted with a 0.00 test, and...
Husband is facing a 3rd DWI in ten years in Arlington County, Virginia (felony). Is there hope of reducing it to a misdemeanor?
He was never given a PBT once pulled over by US Park Police (sidenote: he was pulled over in Arlington County). The officer made him do the walk/turn, stand on the foot for 30 seconds and the eye test. He ended up blowing .09 at the station 2 hours after being pulled over for going 40mph in a 30mph in Washington DC. The magistrate also questioned the officer's authority to arrest as his name/number never appeared in the magistrate's database. While this is my husband's 3rd DWI in ten years he has stayed out of trouble for over 6 years so it's not as bad as the 3rd w/n 5. Is there any hope in reducing this charge in Arlington County? We've begun speaking with attorneys and I just need to know if any hope exists in fighting this down to a misdemeanor.
There is always a chance for a reduction or dismissal but there is no guarantee. The best thing to be done is to hire a...
The officer asked me if i drank or took anything & I was honest. I did not have a single drink, but I took 2x .5 mg of kolonipin approx. 2 hours prior. I am currently prescribed to take up to 3 a day. I gave him the medication (which he never gave back to me), and he then put me in hand cuffs and took me to jail.
There are 4 elements that need to be proven to convict you for driving under the influence of drugs. You need to...
My boyfriend recently got a 3rd DUI. The first was in VA about 4 years ago, the 2nd was in FL a year and a half ago and this 3rd one just happened here in VA. I have heard that since the laws for DUI s in FL and VA are different, that this 3rd one could be charged as a 2nd instead. Is this true?
His Florida DWI will only make his recent one a third if a Judge rules that the Florida DWI law is substantially...
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