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DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Florida on
Q: If I got a 2nd DUI offense in 9/30/18 and got sentenced to jail time in 3/7/19 , when do I start to count for 5 years

When do I start counting from for the 5 years to be up

Jonathan Blecher
Jonathan Blecher PRO label
answered on Feb 2, 2023

If you are referring to the 5-year license revocation period, it will last for 5 years from the date of release from incarceration. You will need to provide DHSMV with the release date on a DHSMV form signed by the jail.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Got 2 duis 2014 and 2016 never took care of it until now. Never was issued a permit or DL from DMV. Needing license

I’m trying to figure out what’s required for me to get my permit and license. I am 26 and never had permit before but still got charged with dui twice. Once in 2014 and the other in 2016. What do I do to take care of this?

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Jan 31, 2023

You should take care of your DUI cases by hiring a lawyer or by taking care of them yourself by redocketing (less advisable).

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Washington on
Q: Where can I get help with my ongoing 3rd party claim with the other drivers auto insurance company in Washington State??

3rd time DUI offender plowed into our front yard, our fence, and our car at a high rate of speed. His car finally stopped only about 10 feet from the room in which we were at that morning. Our car was deemed a total loss as this was the only thing that stopped the driver from plowing right into our... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2023

A Washington attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. You're correct; this could be an overwhelming matter because of the number of elements it contains. You indicate seeking an attorney. Your best option is to reach out to... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and DUI / DWI for North Carolina on
Q: In North Carolina does the state have the right to appeal a DWI case to Superior Court.

District Judge dismissed and suppressed the arrest of a DWI case because arresting officer violated defends 4 amendment rights by arresting defendant inside his home with no probable cause and no search warrant.

Nick Benjamin
Nick Benjamin
answered on Jan 28, 2023

yes, they can appeal if it’s motion to suppress.

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 28, 2023

You have potential claims against the arresting officer and his/her employer if your criminal case had any of the following outcomes: No Information, Nolle Prosse (or Nolle Prosequi), Dismissal by the Court, or Acquittal (not guilty verdict) by the Court. If you entered a no contest (or nolo... Read more »

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3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »

Kevin John Mawn
Kevin John Mawn
answered on Jan 27, 2023

It is best to consult with a civil attorney who handles this type of claim.

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1 Answer | Asked in DUI / DWI and Traffic Tickets for California on
Q: When do points "fall off" the DMV record

I'm trying to figure out when do points "fall off the record", when does the time start counting, from the time a person is convicted or from the time the citation was issued? All I know that in CA it's 3 years and 3 months, but when does the time start counting exactly, so they... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jan 25, 2023

The points accrue (go on your record) when the conviction occurs, meaning that, until you are convicted the points aren't on your driving record, the three years starts running at the point you are convicted.

1 Answer | Asked in DUI / DWI and Traffic Tickets for California on
Q: Do points on my CA DL stay 3 years and 3 months after the conviction date in court or the time had been started counting

once I received a citation?

I'm sorry, I believe my question has been wrongly structured,

I'm trying to figure out when do points "fall off the record", when does the time starts counting, from the time a person is convicted or from the time the citation was issued? Thank you

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jan 25, 2023

Any points that are placed on your driving record start when you are convicted, not cited.

3 Answers | Asked in DUI / DWI for California on
Q: DUI dating back to 2011. Should I wait the 10-year period?

LICENSE STATUS:

SUSPENDED OR REVOKED*

DEPARTMENTAL ACTIONS:

PRROF REQ: O/01-24-14 * TERM - - *

DRV LIC COMM- DISQ * * eff: 05-09-11 * THRU:05-08-12 * ORDER MAIL: 04-29-11*

AUTH: 15300A9* SERVICE: M / 06-19-15* STATE CALIFORNIA*

CONVICTIONS:... Read more »

Richard L. Grant
PREMIUM
Richard L. Grant
answered on Jan 24, 2023

If you have paid your fine, completed 3 yr or 5 year Informal Probation, completed alcohol classes, and completed Victim Impact Class (Mothers Against Drunk Drivers), you need to hire an Criminal/DUI Defense Attorney to file Motion to Expunge the DUI Conviction. I do them quite frequently where a... Read more »

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3 Answers | Asked in DUI / DWI for Florida on
Q: Can dui ticket be dismissed if the officer said no passenger on citation but there was a passenger?

My boyfriend was pulled over, I was with him. He switched lanes without signal and they accused him of being under the influence. The officer asked to see my id. They gave him a field test, in the cold with slippers and shorts on. He was cold and has physical ailments. They arrested him. On his... Read more »

Jonathan Blecher
Jonathan Blecher PRO label
answered on Jan 23, 2023

Dismissed, no. But the officer’s omission might result in fertile cross-examination. Retain an attorney.

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3 Answers | Asked in DUI / DWI for Florida on
Q: Can dui ticket be dismissed if the officer said no passenger on citation but there was a passenger?

My boyfriend was pulled over, I was with him. He switched lanes without signal and they accused him of being under the influence. The officer asked to see my id. They gave him a field test, in the cold with slippers and shorts on. He was cold and has physical ailments. They arrested him. On his... Read more »

Michael Olowu
Michael Olowu PRO label
answered on Jan 23, 2023

No, the DUI ticket cannot be dismissed for that purpose alone. On the other hand, a gifted lawyer can explore this discrepancy in the ticket to attack the officer's credibility at trial. Additionally, a lawyer may be able to review the ticket and report to see if there are more discrepancies... Read more »

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2 Answers | Asked in DUI / DWI for Texas on
Q: Charged with 3rd dwi with a prior felony evading 20yrs ago. What are the odds of probation in texas? Last dwi 2003
Bradlee Hines Thornton
Bradlee Hines Thornton
answered on Jan 30, 2023

If it is a true 3rd DWI, then your chances would normally be pretty good to get probation across Texas. This is assuming there were no extenuating circumstances like evading, threatening the officer, involvement in a crash, etc.

The prior evading adds many variables. If you went to prison...
Read more »

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2 Answers | Asked in DUI / DWI for Texas on
Q: Charged with 3rd dwi with a prior felony evading 20yrs ago. What are the odds of probation in texas? Last dwi 2003
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 23, 2023

It depends on what county you are in. There is always a chance you can get probation. Retain a lawyer to assist . If you have a drinking problem start going to AA.

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1 Answer | Asked in DUI / DWI for Florida on
Q: I'm being told that I have to start my 2 year iid sentence over because I had heart surgery and can't continue?

I'm being told that I have to start my 2 year iid sentence over with 5 months left because I had heart surgery on 1/6/23 and can't continue at the present moment? Is this legal? My heart condition is out of my control and I was doing everything that was asked of me with no violations.... Read more »

Jonathan Blecher
Jonathan Blecher PRO label
answered on Jan 20, 2023

You owe the State 2 consecutive years with an IID. How does your heart surgery recovery prevent you from having the IID installed on your car?

1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Immigration Law for Texas on
Q: Being stopped in Texas, the driver was intoxicated, with weed in the car and the passenger is an immigrant...

- deleted -

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 19, 2023

Any arrest could impact your immigration I would not ride in the car with him under this set of facts,

2 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: CA ATTY's :Is an SR22 start date the date of admin suspension received from the DMV or the date of court conviction?

Admin suspension effective March 20 2020. Date of court conviction 6/20/2022. Been carrying an SR22 since March of 2020 so the removal date would be Mar/April 2023 if it began at the DMV admin suspension. (All DMV fines and reinstatement fees have been paid)

Does the SR22 clock reset on... Read more »

Alison Lee Bermant
Alison Lee Bermant
answered on Jan 16, 2023

It is 3 years from the date you reinstated your driving privilege. You can always call the DMV Mandatory Actions Unit to confirm the exact date that happened.

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2 Answers | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: If I have a warrant In Kentucky can I go to the regional driver’s license office and get an ID card made?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 16, 2023

I think you may have already asked this question. The general answer is probably. They do not typically have law enforcement to arrest you at the driver license office.

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2 Answers | Asked in DUI / DWI for Texas on
Q: I was charged with a 3rd dwi on 1-12-2023. My last conviction was in 2003. Do I have any chances of no jail time?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jan 16, 2023

Yes there is a chance. Retain a lawyer asap

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2 Answers | Asked in DUI / DWI for Texas on
Q: I was charged with a 3rd dwi on 1-12-2023. My last conviction was in 2003. Do I have any chances of no jail time?
Clyde W. Burleson
Clyde W. Burleson
answered on Jan 16, 2023

There's almost always an opportunity to avoid jail, especially with your last DWI being 20 years ago. That said, you'll need a DWI lawyer to give yourself the best chance. It's impossible to give a complete answer without knowing all the facts of the case and your past, but... Read more »

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: What is my recourse if the cop lies and says he smells alcohol and the fact that i dont drink

I have not had a drink in over 40 years

Brandon D. Fersten
Brandon D. Fersten
answered on Jan 12, 2023

If you were arrested for DUI it is imperative that you hire a DUI lawyer. Officers routinely write "strong odor of alcohol, slurred speech, unsteady on feet, red watery and bloodshot eyes" in nearly every arrest warrant for DUI. The only recourse is to question him on the witness stand in... Read more »

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