Sentences with phrase «dwi defendants»

Many criminal & DWI defendants at first may feel like they have been thrown to the lions.

«Friday's Three Burning Legal Questions Main A Decade Later, Paths of DWI Defendant and Judge Cross Again in Car Crash»

«A Decade Later, Paths of DWI Defendant and Judge Cross Again in Car Crash Main Tuesday's Three Burning Legal Questions»

Let us take, for example, the Virginia certificate of analysis that states a DWI defendant's alleged breath alcohol level at the time of post-arrest breath testing.

-- Maryland: When a DWI defendant refuses to take the breath test or has a blood alcohol content result (through a breath or blood test) of 0.08 or higher, the police officer ordinarily seizes the driver's Maryland license (if the driver has one) and, regardless of the licensing state, issues a suspension notice that takes effect in forty - five days unless the defendant timely and correctly delivers a hearing request to the Maryland Office of Administrative Hearings.

Not exact matches

The defendant had a previous DWI in the Village of West Haverstraw in October, 2002.

The defendant was previously convicted of DWI on August 25, 2009.

The defendant had a previous DWI in Alpine, NJ in September, 2009.

Further investigation revealed that defendant's privilege to operate a motor vehicle had been suspended due to a pending DWI charge in the Town of

If the defendant refused to take the breath test after being advised pursuant to the statutory language by the police of the one - year sanction faced for a refusal (and the jail risked for a refusal where the defendant has prior refusal or DWI convictions), the first - offense sanction for so refusing is a civil offense carrying one year of no driving and no restricted driving privileges.

In addition, if the defendant's rights were violated during the arrest process, a DWI / DUI attorney may be able to get the evidence thrown out and, in some cases, have the charges reduced or dismissed.

Defenses against a refusal charge are that the police arrested without probable cause to believe the defendant was in violation of the DWI law, that the defendant did not refuse (police will sometimes list inability to blow into the machine sufficiently as a refusal, when they should instead then offer a blood test), and that the refusal was reasonable (for instance, the defendant can argue whether the test runs counter to his or her religion, or whether the police followed up the implied consent statutory language with confusing commentary on it).

Where the defendant has no prior DWI convictions, the magistrate — after finding probable cause that the defendant violated the DWI law — will suspend the defendant's driver's license for seven days, whether or not the defendant refused to take the breath test.

Background: Defendant was convicted, on de novo review by the Superior Court, Law Division, Cape May County, of driving while intoxicated (DWI).

In other words, the municipal court judge deciding a DWI charge may infer from the refusal that the defendant was drunk.

Based on the totality of the circumstances, Hollenstein concluded that he had probable cause to charge defendant with DWI and arrested him accordingly.

Being a DWI defense lawyer, or defendant, is tough in Texas.

The trouble is, when the time comes to fight the inevitable DWI charges, the defendant now has at least two charges against him or her: the original drunk driving charge AND the breath - test (or blood - test) refusal charge.