How Long Do You Have To File A Response To A Motion
Many individuals in California wonder how long they have to file a response to a motion in court. In fact, there are varying amounts of time for filing a response to a motion. In many cases involving criminal trials, you only have five days. In other situations, the court could give you 15 days.
Well go over some of the time limits associated with responses to motions with this article. Well also cover some common motions used in court in Los Angeles.
Can You Be Charged With Dui Months Later
While most people who contact our Toronto-area law offices to consult about drinking and driving offences in Ontario have already been charged with DUI , we sometimes receive inquiries from people who have not been charged. This typically involves questions from people who wonder whether they can be charged with a DUI after the fact.
It’s an interesting question and technically speaking the answer is yes, someone can be charged with DUI even months later. That’s because Canadian and Ontario law treat DUI as a criminal offence, an indictable offence which does not include the short statute of limitations expiration date for prosecution afforded to summary conviction crimes. While the Crown can choose to prosecute a DUI as either a summary conviction offence or an indictable offence, until that decision is made, such cases are considered as indictable offences and not subject to the statute of limitations.
What’s The Worst Case Scenario For Your License Suspension
If this is yourfirst time DUI offense and you want to drive you are still eligible to put a breathalyzer in your car and drive during your suspension as long as you drive the car where the BAIID is installed. It’s not great: you have to blow into it to start your car and it can also alert you to blow again while you’re driving, but it’s better than not driving at all for some people. Keep in mind the BAIID device is far from perfect and can register alcohol in your breath even if you’ve only just brushed your teeth or had been chewing gum.
Recommended Reading: When To Report Accident To Police
How Long After An Accident Can I Be Charged With A Dwi
- Posted on Nov 10, 2014
Yes. The police department could obtain your blood results and complete an accident report and then file your case within a two year statute of limitations for a misdemeanor and three years for a felony. It is highly likely that officers will obtain a hospital sample without opening some investigation. Generally, when investigated for a DWI after an accident, officers will conduct the Horizontal Gaze Nystagmus then obtain consent or a search warrant for your blood so they can obtain a law enforcement sample. Either way, once your blood results are back, if your case filed things will start to move very quickly. That is why it is important to consult with DWI trial attorney now, even before charges are filing. An experienced attorney will walk you through potential challenges to the stop, operation element, retrograde extrapolation, and license revocation hearings.
Under Title 17 The Officer Administering The Pas Is Required To Check Or Perform The Following:
- Ensure the PAS has been properly maintained and checked for accuracy every 10-days or after 150 uses
- See that the devices battery is charged
- That it is not affected by RFI
- That the device has an internal operating temperature within standards or limits
- Ensure that a new and sanitary mouthpiece has been affixed to the device before the first and subsequent blows
- That a 15-minute observation period is followed before the defendant blows into the PAS
- That 2 breath samples be obtained that are within 0.02 grams of each other and that there was a 2-minute reset between attempts
- Conduct an air blank or reset the device so that it goes through a set sequence to verify there is no residual air from previous uses
Recommended Reading: What College Degree For Police Officer
How Long After An Accident Could I Still Be Charged With A Dui
- Posted on Jan 30, 2010
If you have not already been cited for DUI, it is highly unlikely that you will be.If the doctors/nurses smelled alcohol on your breath and your mental status was altered, testing your blood for the presence of alcohol is quite normal. The question then becomes whether the prosecutor is entitled to those results. I practice in Colorado and under these circumstances, the prosecutor would not be able to introduce the hospital’s blood test at trial. If Massachusetts law differs, your attorney can still challenge those results in a number of ways…chain of custody, whether the blood was drawn in a forensically sound manner, and how the test itself was conducted.If you have the slightest doubt that you will be charged, do not make any statements to law enforcement. Contact local DUI defense counsel immediately.Best of luck.
How Can I Fight Dui Charges
There are a number of ways to fight a drunk driving charge. Most often, this includes arguing the legitimacy of the evidence against you. Even if you blew above a .08, you still have a chance to contest your DUI charge.
You may be able to contest the following:
- Results of field sobriety tests -Field sobriety tests can be contested. How they were conducted and what conclusions were drawn can be examined and called into question.
- Illegal stop, search, or seizure Police must adhere to proper protocol when stopping individuals for a traffic violation. They need to have a reasonable cause to stop you, and then to test you. There may be evidence that a police officer acted improperly, in which case, evidence can be thrown out.
- Results of blood alcohol tests Blood alcohol content also needs to be measured properly. The defendant must have been aware of tests and given consent.
- Observations made by an officer after a police stop Police are required to make a record of all of their observations, and your lawyer may be able to call these observations into question if they can find any evidence that they were in any way inaccurate.
- Results of a breath test Breathalyzers are generally presumed to be accurate indicators of alcohol levels. However, some medical conditions can skew results, such as GERD. If you have medical records to show that this has been an issue for you, then you may be able to call the results into question.
You May Like: How Do I Become A Police Officer
Criminal Charges For A Dui Accident
If you killed someone while you were driving under the influence, you might be charged with:
- Vehicular Manslaughter Here,you are charged with killing someone while operating a motor vehicle as the result of a misdemeanor traffic violation. In this case, the traffic violation would be a first, second, or third DUI charge.
- Vehicular Homicide Vehicular homicide means that you caused another persons death while operating a motor vehicle negligently or by speeding in a construction zone. For a DUI accident, the charge will probably be negligently operating a vehicle under the influence of alcohol.
- Aggravated Vehicular Homicide Here,you are being charged with causing another persons death by: 1) operating a motor vehicle recklessly 2) driving while under the influence of alcohol or drugs or 3) by committing a reckless operation in a construction zone.
If you injured someone while driving under the influence, you could face one or more criminal charges, such as vehicular assault or aggravated vehicular assault.
Contact The Ticket Lawyers Today
If you or a loved one has been charged with a DUI, you may be afraid of what the future holds. Contact The Ticket Lawyers to find out your options. We offer a free consultation with a qualified attorney who will explain our fee structure for DUI cases.
Call us now for a free consultation at 855-323-8488.
Recommended Reading: What Can You Sue The Police For
I Got A Dwi And I Have A Commercial Driver’s License What Will Happen
A person convicted of a DWI is subject to license revocation. Under federal law, someone convicted of a DWI offense will also have his or her commercial driver’s license suspended following a DWI conviction. For a first offense, a person’s commercial driver’s license will be suspended for 1 year. Subsequent offenses can result in 3 year, or even lifetime suspensions. It is important to note that if your DWI occurred while operating a commercial motor vehicle, the legal limit is not .08. While operating a commercial motor vehicle, the legal limit is .04. If you have a commercial driver’s license and have been charged with a DWI offense, contact Olson Defense to protect your rights.
Results Of Waiting Too Long To File A Response To A Motion
Waiting too long to file a response to a motion in California can have serious results. In some cases, this allows the court to just allow the motion to go through. In some cases, this could work in your favor. For example, let us say you are facing DUI charges.
Your lawyer handles all aspects of your case and eventually files a motion to dismiss your charges. The prosecution waits too long and does not file a response to this motion. The court ends up dismissing the charges against you. This means you could avoid a conviction for a DUI.
However, you should know that a dismissal does not always end a criminal case in California. The prosecution can re-file charges against you in some cases. Charges dismissed without prejudice can get filed again.
Speak to a lawyer if you are interested in getting a DUI charge dismissed. A lawyer can also provide you with additional information about other motions for criminal cases in Los Angeles.
Don’t Miss: How To Order A Police Report Online
How Does Officer Failure To Wait 15 Minutes Affect Your Case
While the lack of constant observation may not result in the suppression of the test results, it can certainly go to the weight of the evidence. An officer can certainly testify regarding the reason or purpose of the rule since if the suspect did eat something, belched or burped, or vomited at all, it can affect the test results.
Who Should You Call If Youre Arrested
After a person is arrested for drunk driving or OVI/DUI in Columbus, the arresting officer will often give the person an opportunity to call a friend or relative for a ride home. Even though these calls are usually made late at night or in the early morning hours, its usually not a problem to find someone willing to make the trip to the police department. But what if the person you called has been out all night drinking and having a good time?
Make sure your driver is sober or call a taxi. Inviting an intoxicated friend or relative to the police department has trouble written all over it. The other lessons may not be so obvious, but are just as important: when questioned by law enforcement it is usually in your best interest to exercise your right to remain silent and to request the assistance of lawyer before answering questions, taking field sobriety tests, or consenting to a chemical test.
Don’t Miss: How To Become A Police Captain
Statutes Of Limitations On Filing Charges In Ca
It is pretty uncommon for the state to completely drop a case at this point and choose not to file charges, as most police officers know only to arrest someone when it is likely that they have committed a crime. If the prosecution wants some time to think it over, perhaps due to strange circumstances or unclear legislation, they can only think for so long. After a certain amount of time, a statute of limitations will expire and charges can no longer be filed based on that arrest.
In California, statutes of limitations regarding charges are usually:
- 1 year for low-level misdemeanors
- 2 years for gross misdemeanors
- 3 years for felonies
Statutes of limitations, like many things in the legal system, are open to some interpretation and flexibility. If a judge can be convinced that filing charges after the statute has expired is warranted, it could be permitted. For example, new DNA evidence is discovered in aviolent crime investigation several years after the act was committed.
As far as DUI arrests go, you should always assume that the charges are going to be quick to follow. State prosecutors know that law enforcement officials will generally provide them evidence in the form offield sobriety tests orchemical tests that yielded a high blood alcohol concentration level at the time of the arrest. This information makes it easy for a prosecutor to win a case and bolster their record, assuming the accused doesnt put up a fight.
Categories:
Dui Statutory Summary Suspension Issues
Unlike a trial for DUI where the prosecutor has to prove you guilty beyond a reasonable doubt, it is not the same for fighting a suspension. Because a suspension is civil in nature, it is the client’s burden to win the hearing, not the prosecutor’s. In addition, the standard is lower than beyond a reasonable doubt. Hearings on your suspension are limited only to a few issues, which is set by statute . Whether you are guilty or innocent does not really come into play in this hearing.
In the hearing to fight your suspension, the issues you can raise are:
- Whether the officer had reasonable grounds to stop your car or to arrest you
- Whether the officer read you the warnings to motorist
- Whether you were given notice of the suspension from the officer
- Whether you submitted to a chemical test that actually showed a BAC of .08 or higher
- Whether you actually refused to submit to a chemical test
- Whether there are any due process problems
- Whether you were driving or in actual physical control of a vehicle
- Whether you were on a public roadway
You May Like: How To Hire A Police Officer For A Party
How Long Do The Police Have To Charge Me With Dui In Michigan I Was Taken To Hospital And Released 6 Hrs Later On 11/22/17
They have six years from the date of the offense to bring charges. A blood draw has been done so they are probably waiting for the results to come back in before bringing charges. That can take several months. Use this time to find an attorney experienced in OWI defense to retain so you have a lawyer who can hit the ground running once charges are filed. Do not speak to the police about the case in the meantime.
My Car Was Taken When I Got A Dwi Where Is It
It depends. Usually, when someone is pulled over and subsequently arrested for DWI, their car is not parked in a place where parking is allowed. As a result, the vehicle must be moved. When this happens, the officer will call a towing company and have the vehicle brought to their impound lot. On a first offense, you can generally pick the vehicle up after paying any towing, impound, and storage fees charged by the towing company.
In the case of someone who has multiple DWI offenses, you may receive a document called a Notice of Seizure and Intent to Forfeit Vehicle. If this is the case, you will not be able to simply pay fees and pick your car up. However, you may still be able to get your car back by challenging the forfeiture in court. In order to challenge your vehicle forfeiture, there is a strict 6- day deadline that must be followed. The lawyers of Olson Defense can help you fight to get your vehicle back. today at 835-1088, before it’s too late to fight for the return of your vehicle.
Read Also: Can The Police Track Your Iphone
Failure To Obtain Warrant Prior To Forced Blood Draw
For many years, police were permitted to force a defendant to have blood drawn in certain cases, usually these cases involved fatal DUI crashes where commercial drivers, as well as those with regular licenses, were suspected of being under the influence.
Prosecutors argued that exigent circumstances existed in such cases that allowed them to extract a sample absent a warrant to do so if the defendant refused consent14. The rationale was that it took too much time to secure a search warrant to take a blood sample, allowing the alcohol or BAC level to dissipate. The fact that alcohol dissipates was itself an exigent circumstance that justified the warrantless search.
This changed in 201315. In the McNeely case, the court ruled that current technology now allowed much faster means to obtain a warrant so that the exigent circumstance regarding dissipation of a suspects BAC level that previously existed was no longer valid.
In other words, officers can now obtain a warrant electronically, giving them adequate time to do so.
Should an officer force a defendant to produce a blood sample, usually by restraining the individual against his will, then the officers failure to obtain a warrant should render the blood sample result inadmissible at trial.
The officers outrageous conduct in restraining a suspect to force extraction of a blood sample could also be used to move the court to dismiss all charges against the defendant16.
Who Can Have My Dui Charges Dismissed
Only the court or prosecution can dismiss your charges. An arresting police officer will not have the authority to drop charges once they have been filed. If you have been arrested, you will be processed, and your case will be put before the court. Once an arrest has been made and criminal charges have been filed with the prosecutors office, police have no jurisdiction over how your case will be processed.
The presiding judge may have your DUI charge dropped based on a mishandling or lack of evidence against you. The prosecution may also decide to drop charges against you based on similar reasons.
Read Also: Can I Volunteer At A Police Station