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I understand that each time you get a DUI the severity of the punishment goes up for each. 1st offense, 2nd offense etc. However, I understand that that applies only after being CONVICTED of the previous DUI. For example, receive a first time DUI 6/21/13, receive another 8/21/13. If the conviction for the 6/21 DUI comes on 9/21/13, the charge on the 8/21/13 DUI will be as another first time offense. Is this correct? Part II of my question, we'll use the above example...what if, because the police are waiting for results of blood work, they do not file the charges for the 8/21/13 until 10/1/13 (after the conviction for the 1st DUI). Would the 8/21 DUI now be charged as a 2nd DUI. So, part II of the question is really, do they go by date the charges were filed or date of incident?
The statute uses the words "within the ten years before the present violation occurred." Therefore the ending date for...
Totaled car on a rural road before 10pm. Was afraid to tell BF who owned car. About 10pm he called and I told him. He said he'd report it to police for me and tell them where. Because he became angry I did not speak to him further. Stupidly, I began using while I waited. Even though told where, I was not found until about 1:30am! When found me I was behind wheel of a totaled vehicle, keys in ignition, under the influence of controlled substance. Failed sobriety test (also have MS. Doc often gives me similar test that I fail) and blood test came back positive for controlled substance. But why can I be charged with Dui when vehicle was totaled. Having the substance was not illegal so I couldn't be charged for that. Do I stand a chance fighting it? Public Defender discouraged fighting it.
It is inappropriate for another attorney to second guess the advice you received from your public defender. Pose the...
I was compliant both times. if jailtime is in my future is there anyway I can get house arrest? Im a single mother with 2 boys, I have no proper care for them, no family near by. Please help, direct me towards the right direction
Given the age of your first, there are a variety of possible courses to follow, but it will depend upon what can be...
I got pulled over April 12th 2012 no accident. The paperwork.only came 9 months later in the mail. I finally got.accepted to ARD and will be sentenced January 13th. My blood alcohol was .169. I got pulled over November 9th this hass no relevance but I blew a .213 my blood work was .237 which I didn't even drink a lot. He pulled me over for driving over the fog line. If get the 2nd dui highest tier. Does commonwealth.vs.hagg help here. First one in berks county 2nd in Lebanon
Rather than answer your question about what the best and worst outcomes are, I'm going to tell you how to achieve the...
short version cop passes my car heading north seen side tires on the fog line. turns around and follows me. then he reports i was driving on the double solid yellow center lines, then he stated my car crossed the lane and drove near the fog line again. my right turn signal was on and i slowed (obviously i am bout to turn) he thought i was turning into the bank(the building at the corner of the road I was turning on" which is right before the right turn i made, but then i turned on that road. again my car drove over the center lines going a bend, while passing township building. He actviated his emergency lights. This is with in a distance of over a mile. Is this a good enough reason to be pulled over. Country road 3 am only person on the road
Get in touch with a qualified DUI attorney to review the matter.
I was arrested for DUI last weekend. Refused BAC test (regretfully) and am now looking at a one year license suspension. Had a cop buddy of mine and my lawyer, call the arresting officer to try and get him to not send out the DL-26 form to PennDOT. Too late. However, the cop told my friend that he would have been willing to "work with me on it" (the DL-26) form, but their "policy" consists of their supervisor sending it out. My question is this: if I appeal the license suspension, and my attorney asks the cop in a roundabout way at the preliminary hearing if he can not show up at the license suspension appeal.... what are the odds of that happening? Could that happen or am I just delaying the inevitable? I'm grasping at straws here, I know. Advice if I choose to appeal?
DO NOT do that, do not encourage your attorney to do that. Any ethical attorney will stay away from that course of...
The deal made at my hearing was it would be up to the judge at sentencing. It would be 30 days in jail or 90 days house arrest, scram bracelet, liscense suspension and interlock inigition device. This was my second dui in 2 years, first one I got ARD on. I was compliant both times and didnt cause any trouble. My lawyer has advised me to go to AA meetings weekly and to seek alcohol and drug counciling so I can show the judge I am taking steps to fix my problem and he would be lenient on the sentencing. However, I am being told I could possibly still do jail time and do the 90 days house arrest and ect. What am I looking at possible for sentencing provided I am going to AA and counciling?
It sounds like since you are going to AA as well as counseling that you may have a good chance to be placed onto house...