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DUI Arrestee Gets Additional Charges for Attempting to Eat Breathalyzer Results / Tampering / Obstruction / Reasonable Suspicion / Michael A. Haber, Esq. **ARRESTED / **305DUI

November 5, 2014

Eating after drinking is a good idea…. Unless you are thinking about eating your breathalyzer printout…. Meet 40 y/o Kenneth Desomes…. yes, that’s him below: Kenneth was stopped for speeding by NY State Troopers at about 5:30 am on Sunday, November 2nd, 2014. As is the case with many a routine traffic stop, during the…

Subway Robber / Jared Diet / Crime Stoppers / Dumb Criminals / Bossa Nova / Chewbacca Defense / Zachary Syndrome / STFU / Invoke / Don’t Talk to the Cops / Michael A. Haber, Esq. **ARRESTED / **305DUI

November 5, 2014

Reason # 143 why you should STFU and NOT speak to the police: Meet 18 y/o Zachary Torrence, a/k/a “the Subway Robber” of Fairfield, AL.  Yes, that’s him below: Zachary earned his nickname after allegedly robbing – make that armed (with a gun) robbing – several (four -4 – to be exact) local ‘Bama Subway…

Halloween Partygoer Popped for DUI Dressed in Sex Police Costume & Passed Out Behind Wheel in Middle of Roadway / Michael A. Haber, Esq. **ARRESTED / **305DUI

November 4, 2014

Halloween Party Goer Dressed as Cop Arrested for DUI while Passed-Out Behind the Wheel in the Middle of the Roadway and with her Radio Blaring. Unfortunately there is no picture to go along with the many news articles about Cynthia Sweigart, who was arrested for DUI at approximately 2:00 am on Sunday, November 2nd, 2014,…

Creative Lawyering / Rogue Off Duty Cop / Booze, Pills & Guns / Fleeing & Eluding / Former Marine / Personalize the Defendant / Michael A. Haber, Esq. **ARRESTED / **305DUI

November 4, 2014

With the right client and facts “creative lawyering” can overcome the brutal combination of alcohol + Rx meds + guns, even when a rogue off-duty police officer is concerned Meet 31 y/o Joseph Lawrence, former Henderson, NV police officer.  Yes, that’s him below: After a police chase, in which Joe led cops the wrong way…

Background Check / Criminal History / Criminal Records / Successful Completion of Diversion / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

November 4, 2014

Q:     If I successfully completed a pre trail diversion program should I tell my future employer before they do my background check?  I got arrested in 2012 for domestic violence (Florida) and got offered Pre Trail Diversion and I completed all my classes and changed my life. I never hit my girlfriend nor was…

Probation / Violation of Probation / VOP / Probation Violation Hearing / PVH / Burden of Proof / VOP Affidavit / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

November 4, 2014

Q:     What are the criteria/requirements for evidence for a violation of probation?  I understand that the standard of evidence is “the preponderance of the evidence”, 51%. I also understand that this takes place in front of a judge and not a jury.  However, is a VOP affidavit enough to get probation revoked? In other words,…

State Attorney / Charges / Filing Decision / Amended Charges / Information / Amended Information / AVVO / Michael A. Haber, Esq. **ARRESTED / **305 DUI

November 4, 2014

Q:     Can the state of florida’s SAO change charges one to another after they officially charge you with a crime?  On 07/01/2013 I was arrested for violating a domestic violence injuction!! ON 08/13/2013 the Flordia State attorney’s office filed offical charges that I violated an injuction for domestic violence. I am nor related or…

Deposition / Hearing / Court Reporter / Stenographer / Transcript / Record / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

November 4, 2014

Q:     Deposition Transcript from Defense Attorney:  There was a depo. done for an injunction hearing. The offender is still in jail since the incident in May for 2 third degree felonies and VOP. At the depo. his attorney only wanted to discuss the date of abuse that landed him in jail and ignored any…

DUI / Driving Under the Influence / Breathalyzer / Breath Test / Implied Consent / Constitutionality / Due Process / Driving Privilege / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

November 4, 2014

Q:     If you are alleged to be innocent until proven guilty, how is it legally possible to charge a refusal for breathalyzer?  Has any lawyer argued that implied consent laws are illegal. For example, if you let an officer in your house, at any time you can tell the officers that you changed your…

Diversion/ PTI / Pretrial Intervention / PTD / Pretrial Diversion / Re-Arrest / Bounce-Out / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

November 4, 2014

Q:     Pretrial intervention problem.  If I have been ordered for a pretrial intervention in Florida for a grand theft 3rd degree charge, the order was granted in August.  I was arrested for the same charge for another incident last week.  How will that effect my pretrial intervention?   This all happened in FL. A:      PRO…

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