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innocence Tag

18 December
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Can I Withdraw My Guilty Plea in My DUI Case?

Posted by Clint
in Blog
Can I Withdraw My Guilty Plea in My DUI Case

You pled guilty to a DUI charge, but now you regret the plea and want to keep fighting. Is it too late to withdraw your plea? If the judge has not accepted your plea or you have not been sentenced, most likely you can still withdraw it easily. If you have been sentenced, you will have a difficult time withdrawing it. Judge has not accepted the plea, or you have not been sentenced If the judge has not accepted your guilty plea, you may withdraw your plea for any reason or no reason. If you have not been sentenced, you may withdraw...

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08 September
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Is It Legal for the Police to Destroy My Breath Sample?

Posted by Clint
in Blog
Is It Legal for the Police to Destroy My Breath Sample?

Charges of driving under the influence implicate legal issues from proper handling of evidence to confessions to warrants. In California v. Trombetta, 467 U.S. 479 (1984), the United States Supreme Court considered whether releasing the air from breath samples after analysis violates the accused’s right to examine any potentially exonerating evidence. Trombetta involved several defendants arrested for driving under the influence, taken to a police station, and given breath tests. After they took the breath tests and the police analyzed and recorded the results, the police opened the breathalyzer chamber and purged out the air inside. The same is done for...

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