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Rockbridge Baths Crime
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How far off road do you have to be to not be charged of actual physical control/dui of a vehicle that wouldn't start/being towed
Had an accident on motorcycle. Walked back up to where I was due to lack of cell service and zero passing motorists. Had drinks to calm nerves. Witnesses to not drinking prior to accident/drinking post accident. Went to scene 2 hours later to be towed out with someone's vehicle and police arrived while I was steering the bike out of the embankment. Keys in ignition but motorcycle wouldn't run. Witnesses to dead battery as well. I was down far enough that I couldn't put the bike on the kickstand and that it wouldn't come out of the embankment. Preformed FST on downhill slope and blew .12 and .10 after arrest at station. Thanks.
So were you sitting on Motorcycle? or walking next to it? Regardless, you should fight this case. Prosecutor could...
I was charged with a dui when officers stopped while my motorcycle was being pulled out by a truck. I was steering but the engine was off. I was then directed to perform the field test on the road next to his car. The road was sloped downhill. I blew a .10 at the station
It matters for a motion to quash arrest which would have taken place before the test at the station.
I was recently charged with section 18.2-266 of the code of Virginia. My B.A.C. was .10. In the signature line under "I promise to appear at the time and place shown above. Signing this summons is not an admission of guilt. I certify that my current mailing address is as shown above." I have received summons before and always signed every single one.
Yes. Since you were arrested, you would have been released by the Magistrate by signing a bond/bail release form,...
Is it true that I can't posses a gun or sign anything or vote while I'm intoxicated? Thanks
This is the best question I've ever seen on Avvo. Well played. In fact, you can do a surprising number of things...
I was charged with DWI 2nd offense within 5 years. At my first court date they nolle prossed the charges and wanted to refile them as a 3rd in 10 years. I was told to turn myself in on the Felony warrant within 48 hours. Upon turning myself in I was issued a Misdemeanor summons and released. On the summons it states that 18.2.266.1 did not hold as charge so it could not be used as a predicate offense. Is there anyway the Commonwealth Attorney can ignore the Magistrate's amended charge and refile as a felony again? Can the same same charge be nolle prossed twice? Also, I was only served a summons for the DWI and not the Refusal to take a Breathalyzer charge. Do they have to serve me the summons on the Refusal in order to charge me?
Yes it can be done twice. No they don't have to serve you with the summons. They can wait until you come to court on...
I have the interlock in my car and Violated on morning (.05 - someone else was driving my car...so it wasnt me violating but...
I realize its my responsibilty bc its my interlock) I called my ASAP officer to notify her and told her that I blew after the 5 minute retest and passed and was able to drive myself to work. She called me a month later to hold me accountable for my violation and I told her that when I retested, it passed. She said I "retested" with a .01 and that was a violation. What is going to happen? I dont drink alcohol anymore... and I KNOW that it failed the first time bc the person who was taking me to work.. had drank the night before...but I hadnt.. and I passed w I blew... it was a .01? Could this be from my mouthwash? And what will happen to me since I apparantly violated?
I have experience in these cases in Virginia Beach. VASAP requires that a retest be conducted with a 0.00 test, and...
The officer asked me if i drank or took anything & I was honest. I did not have a single drink, but I took 2x .5 mg of kolonipin approx. 2 hours prior. I am currently prescribed to take up to 3 a day. I gave him the medication (which he never gave back to me), and he then put me in hand cuffs and took me to jail.
There are 4 elements that need to be proven to convict you for driving under the influence of drugs. You need to...
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