In North Carolina it is a crime to drive while under the influence of drugs or alcohol. Whether your case is classified as a felony or misdemeanor depends on factors such as the blood alcohol level and past driving record. This guide delves into several ways to defend against a DWI. #1: Failure to t...
This is the first installment of our guide to defeating motions for summary judgment made by foreclosing banks in New York residential foreclosure cases. The purpose of a bank's motion for summary judgment is to obtain a judgment of foreclosure without giving the homeowner the benefit of a trial. To...
Ok I been investigated since 2011 for a federal crime. Three indictments have taken place for this crime which resulted in a total of 54 people being arrested. It has been a year and 3 months since the last indictment. How long can this go on. Why are they still after me. If they been investigating ...
I got into an accident in Queens, New York and my car got wrecked. The person I hit, his car was alright, and left. I was inside the car while my friend took a look at my car outside. Two police officers came out of a train station came over. The car wasn't moving. Fast forward, I blew a .18 BAC. I'...
My BAC was .15...
I would like to plead guilty and minimize the impact on my family. I am grateful that I was pulled over as I had put myself and others in harms way. My BAC was extremely high and I'm afraid of potential jail time. I spoke with one lawyer and he said that his services could cost up to $5000 if we pur...
Officer arrived at scene due to call-in from witness about my non-injury collision; no other vehicles were involved. Officer reported odor of alcohol on my breath, and subsequently gave me field coordination tests. The police report shows that I took the horizontal gaze, one leg stand, and line-walk...
I had a DUI in the state of GA in 2009, and got it with a GA license. I completed probation and all the requirements. I then moved to CA, re-took the drivers test, and obtained a CA license. I got another DUI in September in Orange County, and I assumed it would be counted as my 2nd DUI due to my GA...
First time dui with a clean record. My car broke down on the freeway, resulting in me having to push it to the side of the road. I stood outside of the vehicle the entire time, waiting for AAA to arrive, when a highway patrol car pulled up behind me. The cop asked me to perform a series of field sob...
The Basics of DUI Defense in Oklahoma ... What to expect, and what can be done about it. First, Stop and Do This Now! First, if you or someone you know has been arrested in Oklahoma for DUI or APC, you only have fifteen days from the date of arrest to request an administrative hearing from the Oklah...
My friend was arrested for drunk driving/dwi, but did not take breath test. I dont understand how she can be charged with dwi if the cops cant prove she had alcohol in her body with a breath test--is this legal?...
Do not confront the other driver. Do not accuse the other driver of anything at the scene of the accident or after the crash. You are unlikely to get any information useful to your case from such a confrontation and you may risk making things more complicated. Do collect evidence at the scene of the...
I am a 24 year old female, mother, soon to be college graduate (in Dec 2013), and this was my first DUI offense and my first time ever being in trouble with the law period. The officer had reasonable cause to pull me over due to my tail light being out. I have received the report back with my arrest...
This is a hypothetical story: These past weekend, many drivers were arrested in the San Fernando Valley for DUI. I am not a drinker, but sometimes I need to take medication which may contain a bit of alcohol. So far I have never ran into a DUI checkpoint, but I am afraid my medication can get me in ...
I did not understand what was being ask of me to do because the demands were confusing so the officer and I was conversing as I was asking him "do I do it like this" before I actually performed the test now as I gain more knowledge of these sort of cases I feel it could be used against me is that so...
8. What should I do if I am asked to take field sobriety tests? There are a wide range of field sobriety tests (FST’s). These tests include heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze nystagmus, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand pa...
The purpose of a preliminary hearing is to allow a magisterial district judge to determine whether the government can demonstrate a prima facie case against the defendant. A prima facie case requires, in layman’s terms, the government to demonstrate that it is more likely than not that: (1) a crime ...
The Issue Social media is increasingly being used in both civil and criminal trials. A party's own statements are not hearsay, so as long as they are relevant (not a difficult standard), they are generally admissible. Before we were posting our every thought, feeling, and feud online for everyone to...
Cross-examine the officer about his radar training To use radar, an officer must complete a 24 hour peace officer standards and training (P.O.S.T.) certified course. Ask the officer if they attended a P.O.S.T.-certified course, and, if so, how long it was. If they answer "yes" to both - which they w...
Step One: Prepare Eviction Notice The first step in most eviction cases is the Eviction Notice. This “for cause" notice typically occurs when a tenant fails to pay rent, is too noisy, is selling narcotics, or has does something that violates an important lease cause. In other instances, a “without c...
