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My son was accused of DUI, his keys were not in the ignition, the vehicle was off and in 1st gear. The police said he truck rolled and bumped the car behind him. All witnesses state that the other vehicle drove up and bumped him. They did not take his statement or anyone else's. They towed his truck, handcuffed him and took him to the station were they booked him for DUI and didn't call us (his parents) until after he was booked and charged. He was never read his miranda rights. When we went to pick him up, we were told he was charged with DUI and curfew however, no paperwork or citation was given with the charges listed or arresting officer's names. Is this all legal?
Sounds like it is legal. When your minor son is caught committing a crime the police are under no obligation to notify...
Sometime back in 2008, I appeared in court for a felony dui and the Judge dismissed the case with-out prejudice. I was parked, inside of a bar drinking alcohol and the bar tender held on to my car keys but 2 officers showed up and gave me a field sobriety test. the officers purported that I was drinking and driving earlier...which was a complete lie. They did not know that I overheard the bar tender call them. I was planning to drive off but he wouldn't hand over the keys so I pissed him off and he called the cops. I was not aware that the court brought this matter back due to I was off island and that the police served one of my family members who forgot to inform me about it. It has been a little over 5 years now. What can I do? I can't afford or prove my innocents.
Consult with a criminal defense attorney to resolve the warrant and begin the defense of your case. If there isn't a...
The Judge dismiss the felony dui case with-out prejudice back in October, 2008 and I heard thru a friend that the Prosecuter brought it back in December of 2008. I did not appear in court for the initial due to off island at the time and i'm just wandering if there's a statue of limitations for this?
The statute of limitations for a felony dui is generally three years but it probably does not apply in your situation....
I recently bought a home and am renting a room in the house where I also live. My boarder has been bringing home very drunk men, being loud at all hours, damaging property, serving minors alcohol and making false police reports on me (luckily, the police never believe her as she is always drunk). I wrote her an eviction notice of 10 days citing: Hawaii Tenancy Law Term of Rental Agreements - Section 22. “. In the absence of a written agreement, the tenancy shall be month to month or, in the case of boarders, week to week.” She however is refusing to move out, saying she wants to stay as long as she can to make me miserable. I feel unsafe and would like any advise on what I can do.
You should make sure that you can show you delivered the 10 day notice required under Hawaii Revised Statutes section...
What happens if the probable cause citation is dismissed by a judge which led to an arrest for a higher charge?
I was arrested for a DUI when officers pulled me over for failing to make a left hand turn. I mitigated the failing to signal ticket and a judge dismissed it. Would this affect the DUI arrest in court, meaning could I fight the charges since the judge dismissed the reason for their probable cause to pull me over?
While it could bode well for you, the dismissal of a civil traffic infraction usually doesn't really mean anything...
taken into custody @ dui checkpoint, printed, no miranda rights, gave blood, then released, no citation issued, but ADLRO Suspended license ,no conviction from Prosacuting Attorney,Have A review with A.D.L.R.O. on 1-16-13 for a constricted License and would like some direction. 2nd offence pending ,but seems arrest was made wrong, also the question about blood sample taken, no signature of mine was put on blood vials . Officer said he was letting me go !!
Your question is somewhat confusing. There is no indication from your post where your case is pending that you are...
I did not complete the community service portion of my 2nd DUI sentence. I now have a bench warrant. What do I do?
The bench warrant was issued in '09 and the judge that sentenced me has retired. I moved to another state in 2008 for a job and now I am home and want to get things cleared up. The warrant was issued in the First Circuit and I am living in the Third Circuit ( a different Island).
The best thing you can do to protect yourself is to hire an attorney. Robert Driessen
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