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At the suppression hearing my attorney was good enough to make the Judge rule against us not based on based on me giving consent to draw blood at the hospital. But she didn't want to rule whether cops had probable cause which they didn't ( no blood shot eyes, odor of alcohol from the paramedics police or doctors). She ruled that I gave a nod to the officer who was requesting the blood draw (I was in a neck brace didn't say a word and there was no signature from me stating I agreed to the draw). Now I came across a picture after the accident of my face which was unrecognizable with trauma to my head and face. My attorney told me the judge will not review the suppression (no motion was even filed) but I wanted to know what if anything I could possibly do. I am considering releasing counsel
i am not sure why you think this late discovered photograph changes anything. if you were conscious at the time the...
I want to hire new counsel due to the fact that I believe he hasn't done his job to his best abilities. So many stones were unturned during this whole process which has been ongoing for four years now and I'm now losing confidence. If I do I fact hire a new attorney would the judge rehear the motion to suppress the blood since there were no signs of impairment from the paramedics, doctors, or officers? When the blood was drawn there was no notification a death had occurred and no warrant. I need help and I need it fast with someone who has tried Dui manslaughter cases (which my current attorney has but hasn't been really successful) I believe he is going through personal issues and is not devoting his time towards something that can ruin my entire life.
You have the absolute right to hire new counsel and fire your current attorney for any reason. You should, however,...
i was arrested for DUI on december 14, and I blew well over .08 i was charged with high blood alcohol and DUI. i did some reading on the internet and it says if they dont bring me to trial within 90 days than i can get teh charged dismissed? is that true, i have done nothing to waive the 90 days, i want to get this thing dismissed
Maybe. It's not automatic, and there are many sound tactical reasons to waive speedy trial. Your attorney must file...
My case is a bit unusual. I fell asleep at a traffic light, and refused the field tests altogether. All I stated was that I wanted to speak to my Attorney. I was taken in to the BSO BAT office and they tried to ask me again to do the tests but I stated the same, I need to speak to my Attorney and have him present. There is only one video of the whole case which was at the BSO BAT office, no videos of the police cruisers or anything else. The officer from FFWC even filed the report late, 40 or more days after the incident, which I question is accurate. My prior DUI's were the same scenario, I had fallen asleep, with no incident or accident. My current lawyer said: you have 3 choices: 1-go to Trial and risk a felony, 2-take a plea bargain, 3-plea no contest. Please advise otherwise.
listen to your attorney. he/she is most familiar with the facts and any defenses that you may assert.
If a motion to suppress blood evidence is denied (dui) can you still argue that the blood not be used at trial?
The judge determined there was no probable cause to forcibly draw blood from me. But she concluded that even though I had head trauma and was in the E.R. , when the officer read the implied consent i was told I "nodded" to the draw. She denied the motion to suppress saying I gave consent by nodding. Can I still argue at trial that the blood obtained should not be a factor in determining the verdict? I may possibly have a new judge for the trial.
Your lawyer can argue anything that s/he is not expressly ordered not to argue - and the Judge's ruling is binding even...
After some beers I drove my car and I was stopped by police, because I was driving too slow. I did all that they asked me to do, My alcohol level was over 15. I went to jail for 8 hours, after that I paid $1500 bond. Is it better if I declare myself as NO guilty? Do I qualify as a "Reckless driving" situation, instead DUI? Which are the consequences? I'm also under a naturalization process, how may this situation affect this? What should I do?
None of us can tell you the risks and benefits of your case until we see all the evidence against you. Each case is...
I got arrested for hitting a pedestrian and leaving the scene of the accident with a DUI. I blew a 0.16 on the breathalizer. The pedestrian was only hit with my sideview mirror, other than that I don't remember hitting someone. The police report says witnesses saw my car and thats how they identified me and stopped me. This happened in Miami Beach. Could I get jail time for this? What am i really looking at? Also, will I be able to keep a hardship license for business purposes?
You need to post this in the criminal defense category, or the dui category to get answers from the right attys.
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