While you are free to refuse a test, such a refusal is not without consequences. Perhaps you’ve even had a few too m ... I failed the DWP test, so it's over for me. REQUEST A FREE CONSULTATION NOW You thought a DWP in Harris County, Texas could never happen to you or someone close to you, but now you have suddenly realized you are in a situation that you never expected. A failed breath test or field sobriety test constitutes serious evidence against the driver who has been stopped on suspicion of drunk driving. Has the lawyer worked on other cases similar to yours? Immediately call us at 718-596-4800. We have obtained numerous “not guilty” verdicts and had even more cases dismissed. Minnesota law requires that your driver’s license be suspended for 1 year the first time you refuse a chemical test. It is important that you hire legal representation for this hearing to challenge the license suspension. This additional service will further increase the cost of your policy.
8). Here are other stories we posted today, followed by the live blog from the day's testimony. 5:57 p.m. David Dreiling, who shot bystander video right after the shooting, testifiedhe went up to Hayes and Hayes' passenger Kevin O'Neal and asked them what happened. Hayes begins to talk, but O'Neal cuts him off, saying"I didn't even know nobody went for a gun." O'Neal also says in thevideo that there was about to be a "scrimmage" between Hayes and Will Smith. O'Neal also mentioned a "guy with tattoos" who "came to rush him," though it was not immediately clear who "him" referred to. Prosecutor Jason Napoli repeatedly asked Dreiling aboutO'Neal's statementthat hedidn't know a gun was pulled. The defense has suggested that Richard Hernandez, who was a passenger in Will Smith's Mercedes, shouted that Hayes had a gun. The defense has said Hernandez's warning about the gun prompted Will Smith to say aloud that he hada gun, too, before going to retrieveit. The first sound heard in Dreiling's video is a man yelling, "F---." Dreiling said Hayes was the one who yelled the profanity. He said he sawhim beat his hands on top the Hummer, and then put his head down on the vehicle. Fuller asked Dreiling about the behavior, asking him if he thought it seemed Hayes was emotional. "He looked emotional," Dreiling said. Fuller contrasted that with statements from other witnessesfor the prosecution who said Hayes seemed like he had no remorse and was emotionless. 5:28 p.m Assistant District AttorneyJason Napoli calledDavid Dreiling to the stand. Dreiling was on Magazine Street at the same time and place when the defense alleges a hit-and-run occurred.
For the original version including any supplementary images or video, visit http://www.nola.com/crime/index.ssf/2016/12/will_smith_trial_cardell_hayes.html
In order for the state of Minnesota to convict you of DWP and impose the full penalties allowed by law, the arresting officer and the government must correctly follow a long list of established rules and procedures. The Government is required to show that: The arresting officer had a valid reason to stop you or come in contact with you, The arresting officer had probable cause to arrest you, The officer giving field sobriety tests was properly trained, The field sobriety tests were given correctly, The equipment used by the officer was working properly, The person operating the equipment was certified in the use of the equipment, The equipment was in working order at the time of its use, and; The machine did what it was supposed to do The person charged with DWP was intoxicated. EXPERIENCE MATTERS!! She has achieved hundreds of DWP Non-Criminal Dispositions for her clients. This charge will range from $1,000.00 to $2,000.00 a year for three years. Being arrested for a AC level of .08 while driving somewhat normally will result in a much more lenient sentence than being arrested with a AC level of .15 where you caused an accident.