In a really sticky bind and i need some advice

[Martin + Amie 0]

Does anyone know if the law are allowed to backdate my BAC reading from my blood test since the blood test was given to me about 1 to 2 hours after my arrest?

[athena_ny 1]

Does anyone know if the law are allowed to backdate my BAC reading from my blood test since the blood test was given to me about 1 to 2 hours after my arrest?

They probably won't, because you could fight that at the time of your test you were more intoxicated than you were at the time of the officer pulling you over - back extrapolation isn't really common. You could ask a lawyer, it might be done more in California, but it's difficult to stand on that. However, the CLW police are doing that in the Nick Hogan/Bollea case, but that's a very high profile case and not under the same scrutiny from the public as your's would be

Again, I'd speak to a lawyer regarding this.

[Nanusia & Lukaszek 0]

Hi Guys,

I have some good news. My blood test came back and I had a BAC of 0.04% which as you all know is way under the limit confirming my initial thoughts. I am so happy as I was starting to doubt my own judgement. Now that i am under a 0.08% does anyone have any idea what the districy attorney may do with me?

Any help is appreciated,

Great news! I hope you will be able to get off all the charges. I think the cop with a vengence was just too happy with charging people. Since you'll be off of the DUI, hopefully the district attorney will read into the CA laws about your UK license being valid and get you off of that too.

Good luck!

[Martin + Amie 0]

First of all I have to extend my thanks to everyone that posted a comment. This has been the most valuable resource for me as i meander my way through California law. I have done everything correctly my whole life, the whole K1 visa process to AOS was done by the book. I feel as if this was just a spurt of bad luck and hopefully the DA will drop the charges against me regarding this matter. I am not too far way from getting my EAD and AP now so hopefully they will come just after christmas and i can apply for a California driving license.

Again i would like to extend my sincerest thanks to you all!

Good luck all filers and the best of luck in life.

[no name 1]

First of all I have to extend my thanks to everyone that posted a comment. This has been the most valuable resource for me as i meander my way through California law. I have done everything correctly my whole life, the whole K1 visa process to AOS was done by the book. I feel as if this was just a spurt of bad luck and hopefully the DA will drop the charges against me regarding this matter. I am not too far way from getting my EAD and AP now so hopefully they will come just after christmas and i can apply for a California driving license.

Again i would like to extend my sincerest thanks to you all!

Good luck all filers and the best of luck in life.

How do you know your EAD is not far off? When did you file AOS? Have you had an interview scheduled?

I gotta ask -why are you not retaining a lawyer to answer these (VERY.IMPORTANT) questions?

[desert_fox 32]

Hi Guys,

I have some good news. My blood test came back and I had a BAC of 0.04% which as you all know is way under the limit confirming my initial thoughts. I am so happy as I was starting to doubt my own judgement. Now that i am under a 0.08% does anyone have any idea what the districy attorney may do with me?

Any help is appreciated,

DA will drop the charge...virtually no way to get a conviction without the .08 blood acohol. DA may try to plea bargin with you wanting y9ou to plead to reckless driving, if th4e police report can suport it. I would not even do that.

[Martin + Amie 0]

First of all I have to extend my thanks to everyone that posted a comment. This has been the most valuable resource for me as i meander my way through California law. I have done everything correctly my whole life, the whole K1 visa process to AOS was done by the book. I feel as if this was just a spurt of bad luck and hopefully the DA will drop the charges against me regarding this matter. I am not too far way from getting my EAD and AP now so hopefully they will come just after christmas and i can apply for a California driving license.

Again i would like to extend my sincerest thanks to you all!

Good luck all filers and the best of luck in life.

How do you know your EAD is not far off? When did you file AOS? Have you had an interview scheduled?

I gotta ask -why are you not retaining a lawyer to answer these (VERY.IMPORTANT) questions?

I am not going to hire a lawyer unless i know a 100% i am being charged with DUI. I will hire a lawyer for the invalid license charge.

With regards to my AOS, i filed it in November and it was received the 26th. The timeline says it takes 11 weeks for EAD and AP which is when i will be able to apply for a CA drivers license. The timeline i am refering to is the USCIS timeline for applications found on their web site.

[Martin + Amie 0]

Hi Guys,

I have some good news. My blood test came back and I had a BAC of 0.04% which as you all know is way under the limit confirming my initial thoughts. I am so happy as I was starting to doubt my own judgement. Now that i am under a 0.08% does anyone have any idea what the districy attorney may do with me?

Any help is appreciated,

DA will drop the charge...virtually no way to get a conviction without the .08 blood acohol. DA may try to plea bargin with you wanting y9ou to plead to reckless driving, if th4e police report can suport it. I would not even do that.

I am guessing the ###**** of a cop that pulled me over is going to make up some stuff in the report and reckless driving could be in there. There is nothing much i can do about that except re-iterate that in order for me to drive recklessly i was either drunk or am insane, the first point dismissed because i was way under the 0.08% limit.

If it gets messy i am going to hire a laywer to take care of this for me, however i am kind of waiting for a letter that dismisses the DUI charge. Without a doubt if they do not dismiss it i will be hiring a lawyer.

First of all I have to extend my thanks to everyone that posted a comment. This has been the most valuable resource for me as i meander my way through California law. I have done everything correctly my whole life, the whole K1 visa process to AOS was done by the book. I feel as if this was just a spurt of bad luck and hopefully the DA will drop the charges against me regarding this matter. I am not too far way from getting my EAD and AP now so hopefully they will come just after christmas and i can apply for a California driving license.

Again i would like to extend my sincerest thanks to you all!

Good luck all filers and the best of luck in life.

How do you know your EAD is not far off? When did you file AOS? Have you had an interview scheduled?

I gotta ask -why are you not retaining a lawyer to answer these (VERY.IMPORTANT) questions?

I forgot to mention that i received a date for Biometrics from USCIS and it is scheduled for tommorrow. Is this the interview you are referring to?

[no name 1]

Hi Guys,

I have some good news. My blood test came back and I had a BAC of 0.04% which as you all know is way under the limit confirming my initial thoughts. I am so happy as I was starting to doubt my own judgement. Now that i am under a 0.08% does anyone have any idea what the districy attorney may do with me?

Any help is appreciated,

DA will drop the charge...virtually no way to get a conviction without the .08 blood acohol. DA may try to plea bargin with you wanting y9ou to plead to reckless driving, if th4e police report can suport it. I would not even do that.

I am guessing the ###**** of a cop that pulled me over is going to make up some stuff in the report and reckless driving could be in there. There is nothing much i can do about that except re-iterate that in order for me to drive recklessly i was either drunk or am insane, the first point dismissed because i was way under the 0.08% limit.

If it gets messy i am going to hire a laywer to take care of this for me, however i am kind of waiting for a letter that dismisses the DUI charge. Without a doubt if they do not dismiss it i will be hiring a lawyer.

First of all I have to extend my thanks to everyone that posted a comment. This has been the most valuable resource for me as i meander my way through California law. I have done everything correctly my whole life, the whole K1 visa process to AOS was done by the book. I feel as if this was just a spurt of bad luck and hopefully the DA will drop the charges against me regarding this matter. I am not too far way from getting my EAD and AP now so hopefully they will come just after christmas and i can apply for a California driving license.

Again i would like to extend my sincerest thanks to you all!

Good luck all filers and the best of luck in life.

How do you know your EAD is not far off? When did you file AOS? Have you had an interview scheduled?

I gotta ask -why are you not retaining a lawyer to answer these (VERY.IMPORTANT) questions?

I forgot to mention that i received a date for Biometrics from USCIS and it is scheduled for tommorrow. Is this the interview you are referring to?

No, I meant your AOS interview. It will likely be awhile.

Good luck with your law stuff. VJ is no substitute for a lawyer, even this 'small' stuff - remember that. These could potentially affect your permanent residency, not something I'd take lightly.

[Martin + Amie 0]

Hi Guys,

I have some good news. My blood test came back and I had a BAC of 0.04% which as you all know is way under the limit confirming my initial thoughts. I am so happy as I was starting to doubt my own judgement. Now that i am under a 0.08% does anyone have any idea what the districy attorney may do with me?

Any help is appreciated,

DA will drop the charge...virtually no way to get a conviction without the .08 blood acohol. DA may try to plea bargin with you wanting y9ou to plead to reckless driving, if th4e police report can suport it. I would not even do that.

I am guessing the ###**** of a cop that pulled me over is going to make up some stuff in the report and reckless driving could be in there. There is nothing much i can do about that except re-iterate that in order for me to drive recklessly i was either drunk or am insane, the first point dismissed because i was way under the 0.08% limit.

If it gets messy i am going to hire a laywer to take care of this for me, however i am kind of waiting for a letter that dismisses the DUI charge. Without a doubt if they do not dismiss it i will be hiring a lawyer.

First of all I have to extend my thanks to everyone that posted a comment. This has been the most valuable resource for me as i meander my way through California law. I have done everything correctly my whole life, the whole K1 visa process to AOS was done by the book. I feel as if this was just a spurt of bad luck and hopefully the DA will drop the charges against me regarding this matter. I am not too far way from getting my EAD and AP now so hopefully they will come just after christmas and i can apply for a California driving license.

Again i would like to extend my sincerest thanks to you all!

Good luck all filers and the best of luck in life.

How do you know your EAD is not far off? When did you file AOS? Have you had an interview scheduled?

I gotta ask -why are you not retaining a lawyer to answer these (VERY.IMPORTANT) questions?

I forgot to mention that i received a date for Biometrics from USCIS and it is scheduled for tommorrow. Is this the interview you are referring to?

No, I meant your AOS interview. It will likely be awhile.

Good luck with your law stuff. VJ is no substitute for a lawyer, even this 'small' stuff - remember that. These could potentially affect your permanent residency, not something I'd take lightly.

Agreed. Chances are I will hire a lawyer to take care of this for me.

[desert_fox 32]

By the way......congrats!!!

I doubt they will send you a letter. Just go to the arraignment and plead not guilty. Take a copy of the bloos acohol report with you and ask for a dismissal.

If they decide to charge you with some traffic offense, these move out of the court system because they are no longer criminal. They are considered an infraction and are adjudicated by a walk-in traffic commissioner Not sure about your county, how it is done. Dont even think you would even need a lawyer for this aspect.

[Martin + Amie 0]

By the way......congrats!!!

I doubt they will send you a letter. Just go to the arraignment and plead not guilty. Take a copy of the bloos acohol report with you and ask for a dismissal.

If they decide to charge you with some traffic offense, these move out of the court system because they are no longer criminal. They are considered an infraction and are adjudicated by a walk-in traffic commissioner Not sure about your county, how it is done. Dont even think you would even need a lawyer for this aspect.

Thank you Desert Fox, i think thats exactly what i am going to do.