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Can I get DUI or summons to court after Cop let me go & did not do sobriety test or Breath test? or written citation
I was sitting in car after bar closed with a friend listening to music very loud- I was tipsy. The car was in parked position. my friend was in passenger seat- Cop pulled behind car and question me drinking - I admitted to drinking as I didn't want to lie he took both of our drivers liscenced back to car- had me get out of car talked to me told me it was wrong to be sitting in car even if im not driving. He did not do breath test OR any sobriety testing. I did NOT refuse tests- the cop simply did not do them. He did not give me a written warning but told me to find a ride to take me home. he gave our liscence back . Can I still get summoned to court I am SO scared.
You CAN, but it's almost guaranteed that you won't. Without FST's, a breath test or an observation of the vehicle...
Double Jeopardy?? My reasoning is based on single criminal episode. "The order of dismissal concludes that in pleading to the civil traffic infraction, Knowles admitted an essential fact necessary for proof of the DUI charge: that Knowles was in control of the vehicle for both offenses. Thus, Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990) bars the subsequent criminal prosecution. The order notes that characterization of the two proceedings as civil or criminal is not a determinative factor for purposes of double jeopardy analysis. See United States v. Halper, 490 U.S. 435, 109 S.Ct. 1892, 104 L.Ed.2d 487 (1989)."
No, pleading to a seat belt violation does not in any possible way bar a subsequent prosecution for OVI.
The cops stopped me but didn't cite me or give me ticket/DUI or summons , can it still appear on FBI/BCI back ground checks ?
I was stopped by the cops because I was sitting in a running vehilcle talking with a friend but I was tipsy. I was in driver seat - the cop ran my license but gave it back to me then had me get out of the car- and gave me a pretty darn stern talking. He never did breath test , sobriety test, and he never gave me any papers or ticket or told me I had DUI he told me to find a ride home and then he left - can this show up on my BCI/FBI background checks ? I am in the process of becoming a Foster care parent and I am so worried this will have an effect - I will NOT be doing this ever again.
This is your third post about the same incident. I suggest you stop posting about the details or you are going to end...
Will my stop with the cops be put on my public record and background check even though I was not charged
The other night I was stopped for sitting in a car while tipsy. The Cop did not do sobriety tests, did not do breath test, and did not give me any papers whatsoever. After being taken out of the car talked to - he told me to find a ride home and that was it. it ended there- would this still show up on my public record? at all? I am in the middle of becominga foster parent. In which background checks and fingerprints are done. I have learned my lesson and will never EvER go out again fostering is too important to me.
It does not sound from your description like there was any event here for which the officer was required to create a...
If you were sent to prison and had mandatory time could the judge have only made you go to serve mandatory time or did he have to give more time for dwi?
It sounds like your question is this: Does a judge have to impose more prison time than the mandatory time the judge...
I was cited for OVI and DUS. I was also cited for safety belt violation. i have not been to arraignment yet. Couldn't I pay the seat belt ticket prior to arraignment and double jeopardy would attach?
1st offense. Refused breathalyzer. Was not operating vehicle as it was stuck in snow.
If your car was stuck in the snow before Law Enforcement arrived, you should be able to beat this with a qualified OVI...
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