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I am hoping to get a clearer understanding of where things might go from here. There will be a hearing on remittitur soon and I won't get a chance to talk to my PD before then. ADA is almost certainly going to continue prosecuting my case, but I am uncertain of what effect the blood being suppressed might have on my charges. Originally charged w/ (a) & (b) counts + high BAC enhancement, but since the blood is out (no PAS) there's nothing to sustain the (b) count or the enhancement...right? Will the case be remanded with all the charges intact or can the ADA adjust the complaint before returning to the trial court? Finally, am I allowed a second 1538.5 hearing since the case has been dead for nearly 1 year? Thank you for your time and any help you can offer. So confused and bewildered...
without a blood test the b count cannot go forward. the o emsing charge would be the a or under tbe influence charge...
I am 18 years old and i got pulled over for my left headlight being out. The chp officer said he smelled alchohol and pulled me out of the car. I passed all the tests but failed the BAC test with a .03. Since i obviously cant say i didnt drink anything, what would a lawyer be able to do to help me in court?
You will need to ask for a DMV hearing in order to keep your license pending the hearing. A lawyer can assist you in...
I was pulled over for not having a light over license plate. And he said for rolling over the white line for stop. Then he asked me if I had been drinking. I told him a had a few beers earlier today. The he detained me for quite some time until a BA officer/tech could come to the scene. I not only took one test but two more after that. They told me I was "little "over the limit. Is this leagal to take 3 test? They then had my partner take a BA test and the gave her the keys to drive home. Once arrested, they had me take blood test. I do not know the results. Is this legal? And at which point, when are they to read my Miranda rights?
Your Miranda rights apply to custodial interrogations. The blow test is a preliminary test, the blood test is the one...
will that help him get out early
Yes the work time and good time are used to reduce his sentence so he serves less than the 180 days.
I am an American resident and have been for 19 years. I recently arrested for a dui> have not yet entered a plea the judge said I could possibly deported and that I should consult a lawyer about the immigration consiquences.
If you enter a guilty/no contest plea to the DUI charge, which happens is a very high number of cases, then you may...
I proceeded home. 1and half later the police showed up after I was asleep in bed where prior I had finished a bottle of run while watching a movie and I was out of it during questioning by police and breathalyzer five minutes later I was arrested for DUI. It all happened so fast I don't even know if I told them about the drinks I had once I got home I just kept answering the number of drinks I had when I was out and that I wasn't drunk when I left the bar and grill. Now I am scared and I just don't know what I can do or how a lawyer vs public defender can help me.
This was posted under car accidents but it appears that the drunk driving charges are the major issue that you have....
When I arrived in court the bailif called roll and I was there, when the Judge called my name he said "No charges filed, you are free to go". So I did, I went on my way thinking that this was over. and then months later I get the letter saying that I failed to appear.
You question is a little bit unclear. Please understand that there are two independent agencies that will prosecute you...