My father in-law was stopped for no seat belt with his two daughters who are 23 and 16. He was asked to take a breathalyzer and he agreed. first test was .08 which is the legal limit was asked to blow again and blew a 1.0. Before being transported to the hospital the officer was asked by the eldest daughter how much the bail would be "you guys wont be able to afford it" was his reply when asked again " well how much will it be?" he replied "$3000.00". At the hospital his blood test results were .06. He was arrested for DWI,open container, and no seat belt. When family went to post bail the officer pulled one of the family members into his office alone and told the family member, "you know, I can be a jerk and add child abuse to it." when the family member replied " you are the law you do what you have to do." the officer said ok there is no longer bail i'm adding child abuse. He has spent 10 days in jail after his arraignment and now is being held by ice as of today. family members were told to pay $5000.00 within 24 hours and he would be released. if not he will be deported within the following 24 hours if not paid. With all cases still pending.
Unfortunately 0.08 is over the legal limit. So both tests support DUI. The child abuse probably won't stick. DUI should...
I was recently arrested for 2nd DUI, open container, and careless driving. I hired an attorney and at the first pre-trial conference my case was dismissed with out prejudice because the DA failed to produce discovery with in 30 days. Four days after the case was dismissed, the DA refilled. My case is now again pending but my attorney wants to charge me again for representation. I do not know what to do, if I should rehire him or go with a pd for this is a huge financial burden. Is it also possible that the case could get dismissed again then refilled a second time?
Immediately call and hire an attorney that practices in that county.
Probable cause was when i almost hit a state trooper head on and also the county deputy head on whom pulled me over. Do i have any chance through discovery and investigation (i.e. was cop a certified and trained for DWI ?? he didn't ask me if i wanted a witness during SFST that wasn,t recoreded, With the above facts in the question box do i have anty chance to fight this ??
There is always a chance but odds would not be in your favor. Hire an attorney.
about 5-6 years ago i was convicted of a dui. i got the 1st offenders program that included 1 year probation 1 year breathalizer and a buch of classes. i did everything but the breathalizer because of cost. so i went without driving at all for the antire year and then some and recently went to get my license renewed only to find out im stil being punished for it. i need my license for work but have no car or money to do a breathalizer for 6 months.
No, New Mexico MVD requires that you have an interlock license for 6 months before they will issue an unrestricted one....
Ok I got a dui in la and a ticket in mono county that is now a bench warrant and I now live in new Mexico and plan to turn my self in and fix every thing so I can get my license in new Mexico, any advice?
The precise nature of the outstanding problems in CA is not clear. There's a bench warrant out of Mono County on a...
I have a DWI first offense and will be off probation a month later than the class for VIA begins . Is there a difference between supervised and unsupervised probation in this case ? What about if I am off probation completely ? I am very worried I have been paying for my crime for a year and a half in many ways ( including loosing the license I already had and still owe $ 40 , 000 for the schooling , and my previous employment , and more ) I agree paying for my mistakes but this is my chance to get out of ever ( hopefully ) needing government assistance . Is there anything I can do ?