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How long does an officer have to make an arrest for a DUI?

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Question by red_head1950: How long does an officer have to make an arrest for a DUI?
My daughter was arrested on Nov. 16th for a DUI. from an incident on July 25th 2006. The arrest papers say she was arrested on july 25th. She was not arrested at this time. She was at a restaurant eating and became drowsy so took the rest of her meal to go home. She fell asleep in her car and the restaurant personnel called an ambulance to come and get her. She was taken to the hospital. Officers came to the hospital to inquire aobut the incident. The officers claim she was arrested on july 25th and she was not arrested until Nov.15th. I have verfied this with the local police department. They are now stating she had methamphentimines plus her pharmaceutical medications in her blood work. This led to an officer coming to her home on the 15th of November and giving her the DUI. I don’t understand how they can say she was arrested in July when she was not. Does anyone have any ideas about how an officer can wait 4 months to make this arrest?

Best answer:

Answer by Sparkle
You should go to the district court

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Written by admin

June 5th, 2014 at 9:12 am

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I need some legal advice on my recent arrest..?

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Question by eitiac: I need some legal advice on my recent arrest..?
I recently got arrested for illegal consumption and zero tolerance. I should of been charged with a DUI because I blew .179, but the officer gave me a huge break…I was wondering if anyone could over rule those charges, and turn them into a DUI? I live in La Salle county, Illinois. So if you are familiar with the laws around here or have been in a similar situation and could give me some advice that would help immensely.

Best answer:

Answer by nas88car 300 nice race #18
was you driving ?? if not you got the right ticket
you DO NOT want a DUI

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Written by admin

May 31st, 2014 at 9:12 am

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Automatic Arrest for DUI from refusal to take field breathalizer?

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Question by Pete: Automatic Arrest for DUI from refusal to take field breathalizer?
I am over 21 yearls old in the state of CA. Had 1.5 glasses of wine within half hour I got pulled over. Took all the field sobriety test. Did well but my eyes were flickering b/c of the increase in blood to my system from the wine. Officers asked me if I wanted to take the “voluntary” field breathalizer. Said if I pass I go home and if not take the test in jail. I declined to take field breathalizer and was arrested and spent the night in jail. Took the breathalizer at the station with a BAC of .04. My ticket had 2 violations. 1. DUI CVC 23152(a) and 2. reckless driving CVC 23103(a).

Reason I did not take the field breathalizer was b/c this was my 1st time DUI pull over and wanted to buy myself more time. Frankly, if I knew I was below the limit I would take the field breathalizer.

I don’t understand why I would automatically be arrested for refusal to take the “voluntary” field breathalizer? Doesn’t the law contradict itself if I took the field breathalizer and comes out .04 (go home, no infractions) and at station .04 (2 charges above)? I felt that this was an ultimatum.

If my charges are dropped for the DUI of .04 will the reckless driving charge be dropped as well or is this a separate issue? When I contact for DMV hearing should I request for both charges to be dropped?? Any advice is helpful. Thank you.

Best answer:

Answer by Anna!
In most states refusal to voluntarily take the breathalyzer is an automatic arrest. Why would you want to buy yourself more time anyways? You were under the influence, you got caught, and you deserve to be punished for taking the lives of others into your hands.

Charges are handled separately, but refusal to submit to a breathalyzer is a different offense and they assume your breathalyzer results were lower at the station than they would have been in the field because time had elapsed.

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Written by admin

May 28th, 2014 at 3:12 pm

Q&A: Difficulty getting a job after a DUI arrest?

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Question by barnum: Difficulty getting a job after a DUI arrest?
I was recently arrested with my 1st DUI. I have no other arrests in my past and the DUI did not involve any accidents(thank goodness). Unfortunately, this came at a time that I am seeking new employment. I was recently hired for a great RN position but the large corporation rescinded the offer when the DUI showed up on my background check.Any advice or help would be much appreciated. I did not lie on my job application as it only asked if I have been arrested for a felony. I am a great nurse but can understand their concern. Also, the company didn’t get the background check returned until after my fist day of orientation. Now they don’t want to pay me for the day. Is that legal? Thanks.

Best answer:

Answer by Jess K
Even if the job doesn’t want to hire you they need to pay you for the day you were there!!! Sue them if they don’t!!!!!! It’s illegal if they don’t pay you. Maybe next time you should try to tell them about ur DUI before they find out!

GOOD LUCK!

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Written by admin

May 14th, 2014 at 3:10 am

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Is this a legal dui arrest?

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Question by : Is this a legal dui arrest?
My friend lives in Los Angeles. She recently was arrested for a dui. When she was arrested she had parked her car, removed her keys, and was walking into her appartment. A police officer on a bike had seen her not stop completely at a red light before turning right onto her road. That police officer came to her after she was already walking to her appartment.
She blew a .09 on the scene and a point .07 at the police station.
Is this fair? Are there any loopholes she could use to get this overturned?
Any advice at all would be greatly appreciated!

Best answer:

Answer by Phil
drunk driving is drunk driving…

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April 22nd, 2014 at 3:09 am

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car insurance question following dui arrest?

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Cigar Companion (Connoisseur's Guides)

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Question by MO: car insurance question following dui arrest?
If you were arrested in 2009 for dui and your case was dismissed :1) will your insurance rates go up once insurance company sees you were arrested (it’s now 2012 and rates never went up but is this because insurance company never noticed the arrest record?). I would like to get a new car but when I am renewing insurance, it will ask if I ever had a dui. How do I answer this? Can I say no if the case was dismissed? Will I have to wait for 5 years to pass since I was arrested? I know it was a stupid thing to do but any advice would be appreciated.

Best answer:

Answer by The Phantom Schticky
Insurance companies only care about convictions. If you weren’t convicted, you have nothing to worry about. And if your case was dismissed, you weren’t convicted.

They won’t ask what you’ve been accused of, they only ask if you were convicted. So your answer would be no, no convictions of that kind.

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April 21st, 2014 at 9:13 pm

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DUI arrest in Cali, plea no-contest, paid fine, didnt do community service, now bench warrant.. any options?

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Question by : DUI arrest in Cali, plea no-contest, paid fine, didnt do community service, now bench warrant.. any options?
DUI in 2008 in California entered a no contest plea at arraignment, given 24 hours of community service and some classes, and a large fine. Paid the fine, didn’t do the community service, did the classes but lost and didn’t turn in the certificates… bench warrant issued early 2009… what options are available
The judge was informed that the defendent was moving to Florida a few weeks later. The state of the arrest was california but residency is in Florida.

Best answer:

Answer by oklatom
Contact your attorney, discuss alternatives, they turn yourself in through him before they find you.

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April 21st, 2014 at 3:09 am

DUI arrest following small fendor bender. Neither party called police, they happened to witness the accident.

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Question by smithjjj: DUI arrest following small fendor bender. Neither party called police, they happened to witness the accident.
I was involved in a minor fendor bender on new years eve while driving home. the police witnessed it. i was then arrested for a DUI. on the bail report it states i violated the DUI vehicle code, nothing about the accident, nor did i sign anthing stating info about the accident. is there anyway to fight the dui? what wil be the consequences? how much of a fine? classes? suspension? happened in california.

Best answer:

Answer by Brian B
Doesn’t matter about the accident. DUI is serious and you might as well get ready for a rough time. It will cost you no less than $ 5000 between a lawyer and court costs and fines.

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April 10th, 2014 at 3:14 pm

Q&A: Arrest warrent for Dui in Florida from 2004 what to do?

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Question by Chris: Arrest warrent for Dui in Florida from 2004 what to do?
I was pulled over last night in my home state of WV for a backlight out. I was then told to step out because they said I had a warrent in fl. They didnt take me in or anything because it was pick up only. Not really clear on that. Anyway my question is I thought I did everything for the dui. Obvisioully I did not what is the best way in going about getting everything done. I cant do it right now because I am about to graduate college but I would like to clear everything so my background doesnt like that sketchy. Would I have to go to florida or will I be able to do everything from WV. Not sure where to start a little advice would help.

Best answer:

Answer by michelob86
Call the county court where the court case was done. They will tell you what you need to do. You will have to go back to that county before a judge to get it decided.

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April 4th, 2014 at 9:11 pm

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False Arrest in 2005 in California?

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Question by Garry_Mitchell: False Arrest in 2005 in California?
I was living in Lemoore, Ca from 2003 to 2006. My Wife called me at work to let me know she received threatening emails. So I got home to read them and to report them to my ISP at the time. Later on the Police showed up not to question me but to arrest me because the emails came from My account. The thing is I was working on a Military Base and you could not access private email from their. The Police’s Story was that I sent them from my shop and put that in my arrest report. They came their with only the intention of arresting me. Lemoore PD has a reputation of hating the military and you are giving a warning to stay away from them at all costs and if you do need help to contact CHP or a kings County Deputy not a Lemoore PD Officer. So, Back to my story, I was confronted by two officers they told me they have a lead and needed to talk to me so I walked out to the porch left a crack in the door so I wife can hear. He said the emails came from my account and I did it and they are their to take me in. so he arrested me at that point and as he put me in the car. He said he forgot something and went back to my apartment. Then ALL of a sudden I heard was B—H!! He did it don’t P–S me off!! I am the LAW HERE. HE Did it and he said he did it. She said no he did not. (She is crying and screaming for help at this point.) He told her Yelling very loud to the point my Neighbors had to came out to see what was going on. He told her to SHUT THE F—K! UP or I will kill you B—H!! Slams the door and walks the car. Their is more but all of it was false and we later found what really happened. After everything was taken care of The Neighbors and me took my wife to press charges against him and since all five of them heard the officer threatening her they went too. None of them told the investigator that the person was a Police Officer. He seamed to care what happened and wanted to help. So once He found out it was a Police officer. We were told by his commander that he has the right to threaten his witness and she has no right to file charges against him in anyway. He tore up the report in front of us and told us to leave or we will be arrested for filling a false statement.

Ok, Now with that said and done. What can I do? What can be done since I spend a week in jail. Lost over 30,000 in money lost my life’s savings and almost lost my Navy Career. Spend three years on Probation. Only to find out My Mother in Law was behind it. In 2009 my Son had a near fatal accident where he fell and fractured his skull, as she was on the way to the Hospital she was arrested at the hospital for DUI. When she got out and it gets better. When my wife went to see her she told my wife, Why are you still with that demon (ME) Why didn’t you take Officer — (To protect the guilty) seriously? She was shocked. She then told her it was her that sent them and it was her that contacted the police and the Officer told her he would help her. Sh told her everything and even said the reason for her DUI was my Son. She told her she was arrested because my son was in the hospital and it was my son’s fault. SHe will not see im and accuse him to ruining her life and calls him retard. As per my wife.

So what can I do? Who can help us get this finally taken care of. We tried to talk to Lemoore PD but they say No. Who else can we talk too?

Best answer:

Answer by Mutt
After reading all this, there is only one thing you can do: Talk to a lawyer.

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Written by admin

March 8th, 2014 at 9:13 pm

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