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On 4/17/2013, the U.S. Supreme Court ruled that "the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant." I was arrested in 2012, but my case is still in pretrial phase, no Motion to Suppress Evidence has been filed yet. My question is whether Missouri v. McNeely applies to DUI searches in California prior the 4/17/2013 ruling? see Davis v. United States, 131 S. Ct. 2419 (2011)
Obviously there is no case law on that specific issue but I bet it does.
the officer who pulled me over for cutting off someone did not have a breathalyzer and even after passing the sober tests he took me to the station for a blood test (i wont pass that one for sure and its very likely above 0.08) . i'm worried now that they might find cocaine too and as a consequence i have to face jail. i was in rehab and sober living and working on my sobriety but i slipped about 3-4 days before i got arrested. i moved to mississippi to work again on my sobriety. i have to go back to CA in three weeks for court.
Having cocaine or other control substances found in your blood as a result of a DUI test this does not necessarily mean...
I feel like this is not aloud. I do have the pink slip, but i am flying out of state and while it is legal to rent a car, you can barely read my license number on the slip. The attorney i spoke to is saying to go get a new license and that it's legal ... just get a replacement. Is this true?
If your driver's license was taken because you were arrested for DUI, you cannot get a new license pending the...
I was not speeding or driving wrecklessly. I just had a left taillight out. My BAC was shown to be a 0.08 with a breathalyzer.
Hire an attorney. You only have 10 days to contact the DMV to schedule a hearing to preserve your driver’s license....
I was arrested with my first DUI this week. I would like to plead guilty because my breath test said I was .11 and thus I believe I am guilty and deserve any punishment that would be brought upon me due to this, however I am told it is foolish to plead guilty. I am wondering if I plan to please not guilty if I should start to attend AA and DUI classes now versus waiting for being ordered to do so. I am not sure how I would fit in at AA because I rarely drink (probably 4-5 times per year) but when I do I often have 2-5 drinks, so this is clearly a drinking problem and I am able to admit I have a problem. I've decided to stop drinking entirely and am wondering if attendance at AA would help show the judge this is the case.
Its always a good idea to do something like that. You should definitely get an attorney to help you out with this....
When I was arrested for a DUI this week I suffered from an extended panic attack which caused me to become hysterical. Although it is possible some of this behavior had to do with my BAC, I also suffer from anxiety disorders, major depression and bipolar II. I told the police this and apologized for my behavior but was unable to stop myself. Will this be used against me in court? Is it possible to prove that my anxiety disorder, bipolar and depression caused this behavior? Does this behavior even matter in regards to my case results given my BAC was tested at .12% and .11%?
It is likely that the Police will note your behavior in the police report, which may skew the prosecutor in the...
I was a designated driver for my friends when I think one of them got alcohol poisoning. I wasn't sure what to do, or if he needed medical attention. As a result, we just brought him home and let his parents take care of him. However, in the future if no adult is around, I want to be prepared in what to do. I have heard some states or creating "good samaritan laws" that give amnesty to someone who calls for medical attention if the friend needs it as a result of underage drinking. Please tell me if California has this so I don't need to be scared to get my friend medical attention.
There is a new law that went into effect 1/1/13. It involves seeking assistance for overdose. I do not have it in...