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DUI / DWI Questions & Answers
0 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can you be stop for speeding on an on ramp when you have not met the speed of the highway you are getting on

The frontage road had a speed limit of 45 and the highway was 65. The stop was for speeding 61 in a 45.

1 Answer | Asked in DUI / DWI and Car Accidents for New Hampshire on
Q: Does a DUI case have the right to a speedy trial?

I got arrested for a DUI August 5, 2023 and my trial date has now been pushed back for the third time to June 4, 2024

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 18, 2024

Yes, you are entitled to a speedy trial. That said, why are you asking questions on this forum---instead, you should discuss this with your lawyer and if you do not have a lawyer at this point in time, then you need to get an attorney to represent you, as well as to protect your right to a speedy... View More

0 Answers | Asked in DUI / DWI for Texas on
Q: My friend is in jail for his 5th dwi and his court appointed attorney is not doing anything for him what should he do

His attorney is not explaining anything to him and told him to go ahead a sign a paper that gives him 18 yrs in prison but he's never had that and another person in jail with him said he got 5 yrs for the same offense so why is his attorney making him sign a plea deal for 18 yrs when another... View More

0 Answers | Asked in Consumer Law, Contracts and DUI / DWI for Colorado on
Q: Do I have any rights against mistreatment and breach of contract by my interlock company?

Hello, thank you for your time.

-issue with my interlock Co. and their franchise stores,

- they breached the contract and their imprudent actions made continuance of their services untenable.

-amongst other issues, They were not reporting my payments and calibrations to... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Arizona on
Q: Can you be arrested for Aggravated DUI when your weren't even driving, in front of your house ,with no keys in your poss

Police report says I was observed consuming alcohol and was not even driving or in possession of keys and no ethyl alcohol in my system can the police lie like that on the police report and a year later initially file charges for Aggravated DUI?

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information you've provided, it seems unusual that you would be charged with Aggravated DUI a year after the incident if you were not driving, did not have keys in your possession, and had no ethyl alcohol in your system at the time. However, laws can vary by jurisdiction, and... View More

0 Answers | Asked in DUI / DWI, Traffic Tickets, Car Accidents and Libel & Slander for Ohio on
Q: CAN MY SON BE CLEARED FROM CAR ACCIDENT IF THE EVIDENCE SHOWS HE WASN'T DRIVING?

MY SON AND HIS GIRLFRIEND WERE BOTH EJECTED FROM THE CAR. POLICE PLANTED EVIDENCE TO APPEAR AS IF HE WAS DRIVING. THE WROTE THE REPORT BASED ON THIS EVIDENCE. THEY CLAIM TWO WITNESSES SAW THE ACCIDENT BUT IT WAS PITCH BLACK NO HIGHWAY LIGHTS AND BOTH CARS WERE GOING AT HIGH SPEEDS.

1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Alaska on
Q: Is this a illegal extension of a traffic stop based on false accusations.

If I was accused of being under the influence of Opioid due to having a raspy voice and my pupils were constricted, a DUI charge stemmed from this and multiple other charges followed but when my blood lab results returned the lab stated i had no Opioids in my system would this be a fightable charge.

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you've provided, it seems that the initial justification for the DUI charge and subsequent charges may have been flawed, as the arresting officer's suspicion of opioid use was not supported by the blood test results. This could potentially form the basis for... View More

0 Answers | Asked in Legal Malpractice and DUI / DWI for Arizona on
Q: Is it legal for a judge that ruled over a now closed case of mine in the past to represent me in a new case?

I was recently appointed my public defender for a DUI case, and I recognized the name as the judge who ruled over a DV case that is now dismissed and after research I have confirmed its definitely the same guy. is there any reason that would be considered illegal? I don't really see why it... View More

0 Answers | Asked in DUI / DWI for New York on
Q: Hi Is it possible to get an interlock system removed early if the DMV has you down as a problem driver on your license?

I’ve been given 5 years of intoxalock and I’m over half way done. My dwi was in 2012 and I’ve recently had to stop work due to injuries and upcoming surgeries. I’m in a true hardship and I’m looking for anyway to decrease my bills at this time. I’ve been out of trouble and employed... View More

0 Answers | Asked in DUI / DWI for New Mexico on
Q: I am having a hearing by the MVD on revocation of my driving privilages due to DWI can I have an attourney represent me

I am acting as a pro-se in my magistrate criminal cause

But this is Adminastrative proceedings apart from the Magistrate Court in the MVD local office on 30 Apr @ 10:00 AM

1 Answer | Asked in DUI / DWI and Federal Crimes for Louisiana on
Q: My bf was arrested by game warden while on probation so he’s on a probation hold for nothing

He was on his boat, he’s 45 years old, and the goHe was not drunk, but still arrested and has 6 charges that are rediculous and should be dropped. But while in jail they brought new charges , felonious ones now. They are for killing too many turkeys and possession of a firearm by a person with a... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear about your boyfriend's situation. That must be incredibly stressful and frustrating for both of you. A few thoughts:

It's difficult to say definitively whether the charges will hold up without knowing all the details, but in general, wardens and...
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1 Answer | Asked in DUI / DWI for Michigan on
Q: My battery died in january, interlock device and now 3 months major violation just before my reinstatement hearing

January 20 to 22 no power, but I hadn't driven it since the 12 January. I was not ever informed that I violation and I also called them and they said that I had no violation. I got a lawyer but I am not feeling that I am a priority and I need my license. How confident should I be in getting it... View More

Brent T. Geers
Brent T. Geers
answered on Apr 11, 2024

No one - including your lawyer - can tell you with any certainty that you will get your license restored. The administrative hearing officers take a lot of factors into account. Most important, perhaps, is your ability to convince the hearing officer that you are and have been stone-cold sober over... View More

3 Answers | Asked in DUI / DWI for California on
Q: Dui plus hit and run

Hello so I hit a parked car parked in a fire lane in my neighborhood and went home to tell my parents but before I could The police showed up and tested me for dui and I did get a dui. It wasn’t an intentional hit and run as I didn’t know I hit till I got home and was going to then go back.... View More

James L. Arrasmith
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answered on Apr 9, 2024

Based on the information you've provided, it seems you are facing charges for both DUI (driving under the influence) and hit-and-run in California. Here's some general information about your situation:

1. DUI: In California, it is illegal to operate a vehicle with a blood alcohol...
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1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for Maryland on
Q: Approximately how much does an appeal cost for a dui mva admin hearing decision?

The criminal charges were dropped but for my mva admin hearing, I got a new judge. After 2 hearings, he asked to have a few weeks to look over everything & issue a written decision. There was a video of my arrest & in this video I ask for a breathalyzer multiple times, as well as what my... View More

Scott Scherr
Scott Scherr
answered on Apr 9, 2024

All attorneys set their own fees. You would need to inquire to different lawyers what their fees would be. You should be aware that an appeal (Petition for Judicial Review) is on the record and the decision will be affirmed if there was substantial evidence to support the decision.

1 Answer | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: Can you get charged with open container if it was a jim beam bottle full of sand from a beach? No alcohol in container.

Sand came from Myrtle Beach, SC as we just got back from vacation. We live in KY. Husband never consented for a search and seizure, was ignored when asked to speak to a main officer, and was also charged with criminal littering for throwing out his cigarette as he was getting pulled over. They did... View More

Timothy Denison
Timothy Denison
answered on Apr 7, 2024

No. You cannot!

1 Answer | Asked in DUI / DWI for Texas on
Q: So I got arrested on a dwi and when I asked an officer am I being detained and what for he stuttered and never answered

Do I have a chance of getting the charges dropped or what can I do?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 6, 2024

If you passed the blood and breath test you have a chance. Also it depends on how you performed on field sobriety test and the reason he pulled you over

1 Answer | Asked in DUI / DWI for New Jersey on
Q: With the statute being changed in New Jersey.

A major change to New Jersey's drunk driving statute is set to allow plea bargaining in DUI cases beginning in early 2024. Late last year, Governor Murphy signed bill S-3011/A-4800 into law, and its plea bargaining provisions take effect in February. Will past offenders be able to benefit from... View More

Louis A Casadia
Louis A Casadia pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024

If you were able to overturn your plea or conviction then yes, you should be able to benefit from the new law. However, you will not be able to simply withdraw your plea or overturn your conviction based solely on the new law being passed.

4 Answers | Asked in DUI / DWI for California on
Q: So what happens when I’m 100% sober but failed a field sobriety test and still get arrested for dui?

I took a field sobriety test and I failed and got arrested. At the time I was super tired, I had zero sleep last night . I was also nervous and I somewhat understood the officers instructions but I still had questions . I also inured my ankle a few months ago and it hasn’t healed all the way.... View More

James L. Arrasmith
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answered on Apr 5, 2024

If you were arrested for a DUI in California despite being sober, here are some important points to consider:

1. Field Sobriety Tests (FSTs) are not always reliable indicators of intoxication. Factors such as fatigue, nervousness, injuries, or medical conditions can negatively impact your...
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