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DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Texas on
Q: Should I plead guilty or not guilty on a dui charge at .4 on breathalyzer . I’m 20 years old
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 1, 2022

You should retain a lawyer. You passed the breath test but additional facts have to be discussed

1 Answer | Asked in DUI / DWI for Washington on
Q: Is there a way to make a mobile bartender? and if so what would someone need to do it?

I live in Washington state in spokane and seattle areas, I am wondering if it's possible to have a service where I go to someone's house and mix a drink than leave. I'm not really sure if there is anyway for this to be done I know I would need a license to serve alcohol, but besides... Read more »

Patrick Owen Earl
Patrick Owen Earl
answered on Oct 31, 2022

This is not the correct forum for this type of question! You are asking criminal defense attorneys this question where you need to ask civil business attorney's Good Luck to you

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Tennessee on
Q: What charges will I get if a cartridge wasn’t my possession I am 15 years of age

yesterday morning I walk into the restroom to see a bunch of people smoking a vape I hit it to fit in not knowing that it is 90% Thc illegal in my state I live in Tennessee, fast forward a couple hours I get pulled out of class and asked if I had smoked anything I said no but than they check my... Read more »

Jon David Rogers
Jon David Rogers
answered on Oct 30, 2022

The first thing you need to do is let your parents know, and you (you and your parents) need to go speak to a lawyer. Schools are not allowed to question students without someone "friendly" to the student, and no, the school administrators and teachers are usually friendly to the school... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Domestic Violence for Florida on
Q: I have a disc of the court day my Judge was Bias and my private attorney broke confidentiality on my case.

I also have Medical records that prove my blood sugar dropped to 34 so it was impossible for me to be competent. I've been trying to figure out why they punish me for everything. The judge kept me in jail for 4 months with no bond. Then she gave me a bond for 60,000 and all over a domestic I... Read more »

Kevin John Mawn
Kevin John Mawn
answered on Oct 28, 2022

I understand your position; however, I don’t see facts, in your discussion, that supports your claim. Generally speaking, if a judge shows bias, your lawyer should file a motion to recuse (remove the judge from your case). Assuming the facts warrant such a motion, you may wish to pursue an... Read more »

1 Answer | Asked in DUI / DWI and Criminal Law for Tennessee on
Q: What can happen if someone violates probation for a second time?

My fiance has been on probation for at least 10 years. He is on the sex offenders list. Got arrested twice for public intoxication. The dates are 9/26/22 &10/3/22

Jon David Rogers
Jon David Rogers
answered on Oct 27, 2022

Quite often it depends on the nature of the violation, his performance on probation overall and the jurisdiction he is in. Aside from the arrests for public intoxication, if his performance on probation has been good otherwise, regarding completing classes, paying fees, maintaining contact with... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: I just recently got released from jail but im trying to get my license now but on the court paper they misspelled myname
Thomas M. Fleming
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Thomas M. Fleming
answered on Oct 26, 2022

I don't know the charges or facts in your case but often an officer misspelling your name on a form has nothing to do with how DMV spells your name. Go to DMV, see if your name is spelled correctly and try to obtain your license if possible. Good luck!

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1 Answer | Asked in Appeals / Appellate Law, Criminal Law, DUI / DWI and Traffic Tickets for New Jersey on
Q: Can I file a lawsuit against the State of NJ and the office involved if my cost convition appeal was approved?

My 3rd DWI had been overturned on a post convition appeal due to the Cassidy v. NJ case. I served 180 days in jail because of the charge. I got charged in 2015 went right to jail and released in 2016. The case was just overturned and I please down to careless driving. Can I have a lawsuit because... Read more »

Zev Goldstein
Zev Goldstein
answered on Oct 23, 2022

You posted this question to the NY attorney's forum. Try posting it again in NJ. Good luck!

1 Answer | Asked in DUI / DWI for Texas on
Q: First offense dwi with kid under 15.. I have no lawyer .. What would be the best option for me. ?

I really need help and lawyers cost alot. I screwed up. And this will never happen again. Just need to know how to get probation and not any jail time for this. If I need to pay the fees fine.. just would rather keep my job to pay whatever needs to be paid in payments... plz help...

Grant St Julian III
Grant St Julian III
answered on Oct 20, 2022

You are facing felony charges. GET AN ATTORNEY. Good luck

1 Answer | Asked in DUI / DWI for Ohio on
Q: Can I sue my attorney for malpractice for not filing proper papers on ovi case?

I paid a attorney to handle a ovi case in ohio. And we went to court and the ovi case was knocked down to a M1 physical control. But when I asked the attorney to file papers to have the administrative suspension lifted from the license I keep getting a run around. The attorney either doesn't... Read more »

Matthew Williams
Matthew Williams
answered on Oct 20, 2022

The ALS suspension should have been terminated by the judge when the court sentenced you on the physical control violation. When a judge sentences an offender on an OVI or physical control violation, he or she is required to impose a court ordered suspension as a result of the conviction. The ALS,... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: if the mother of the pedestrian 1 takes pictures in the hospital and provides them via email can they used them

as evidenced against driver 1 with out pedestrians 1 consent or knowledge pedestrian 1 never gave his statement or talked to anybody about the accident.

Thomas M. Fleming
PREMIUM
Thomas M. Fleming
answered on Oct 14, 2022

The short answer is sure, if she or someone authenticates the photos, and it is used in a DUI criminal case. If you are the accused, you should get an attorney and consult with the attorney about this. I wish you the very best.

1 Answer | Asked in DUI / DWI for Illinois on
Q: Can I ask for supervision a second time after getting off a 6 month court vision?

I got my first ticket in June of 2021… then I received another ticket in March of 2022 and I was on court supervision for 6months started in the end of March of 2022 and recently ended in September of 2022. I got 2 new tickets and one I got it for speeding and the other avoiding traffic… will I... Read more »

Cary Dohman
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Cary Dohman
answered on Oct 10, 2022

Yes, you would be eligible for a second court supervision sentence in the state of Illinois. However, Illinois law states you cannot get supervision more than two times in a 12 month period. So make sure you are careful moving forward as you most likely would not be eligible again on any other... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: I have straight probation for 10 years i picked up a dwi case its my first time i revoke it can i get reinstated

Can i get reinstated or go straigh to prison

John Cucci Jr.
John Cucci Jr.
answered on Oct 8, 2022

There is a process to get your probation revoked. The State has to file a Motion to Revoke, and you are entitled to a hearing on the Motion. The court can do many things at that hearing: Revoke you and give you jail time, give you a short jail term like 6 months, then reinstate your probation, and... Read more »

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Can I be charged with DUI if I was outside of the car inside a store before cop pulled up? Says he saw me driving.

Was driving on do you are suspended license all had parked at the liquor store, went in the store got what I wanted and I was I was checking out I seen the cop circle through the parking lot. When I came out of the liquor store I knew he was waiting on me so I took off running and was later... Read more »

Timothy Denison
Timothy Denison
answered on Oct 5, 2022

Yes.

1 Answer | Asked in DUI / DWI and Federal Crimes for California on
Q: Can you do an expungement for a federal dui?

My sister was at Yosemite and she was caught passed out drunk in her vehicle. They want to charge her the following: CHARGE: OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, OR A DRUG, OR DRUGS, OR ANY COMBINATION THEREOF, TO A DEGREE THAT... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

Hire a lawyer and fight the charge. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Civil Rights, Constitutional Law and DUI / DWI for Tennessee on
Q: If someone was charged with 2nd DUI in 2007,can police seize car for driving revoked,but never charge them for it,

My dad's car was taken for driving on revoked from a 2nd DUI he got in 2007, they never charged him & the police drove off in his car, is that legal??

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 29, 2022

If no charge was made by the LEO's, and no Forfeiture Warrant was issued, then it is an unlawful taking. But did Dad own the vehicle? I suspect more occurred here than what facts are stated. Driving on Revoked TNDL may be a charge in the making, which can take 1 year to initiate. The owner... Read more »

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1 Answer | Asked in DUI / DWI for Florida on
Q: Can blood work be suppressed if an officer did not provide an option for a voluntary breathalyzer?

During a DUI arrest while visiting Florida, I was brought to the hospital for chest pains. 20-30 minutes prior to being discharged from the hospital, the officer said a breathalyzer was no longer an option (we were there for approximately 3 hours, his station was 5-10 minutes from the hospital),... Read more »

Jonathan Blecher
Jonathan Blecher
answered on Sep 29, 2022

There's a myriad of issues present in this fact pattern. I'm not licensed in California, so I can't offer you an opinion on the nuances of CA law which may apply. I suggest STRONGLY, that you retain an attorney in your area to defend you.

Good Luck.

1 Answer | Asked in DUI / DWI for Texas on
Q: I was given 10 yr felony probation for a 3 or more dwi in texas, I have a scram on.

My Attorney at the time said I would have to wear it the whole 10 years, is this true?...it says nowhere on any paperwork about the time.

Thank You,

Scott

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Sep 29, 2022

You can ask the judge to remove the scacr device. If there are no violations they may grant your request

1 Answer | Asked in DUI / DWI for Virginia on
Q: If convicted of maiming while dwi does that make it illegal for employers to allow you to see alcohol?
Stephen Patrick Pfeiffer
PREMIUM
Stephen Patrick Pfeiffer
answered on Sep 28, 2022

The answer is, it depends. If you were interdicted then it is illegal for you to purchase or possess alcohol. Often times, the courts will also include in the terms of your probation and good behavior that you were not allowed to purchase or possess alcohol. Virginia is an at will employment... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: Been inquiring about the ability to reopen a case I plead guilty to 5 years ago. I was not11 guilty. Advised by P defend

to avoid a trial. Prison if lost trial. Agreed to 3rd felony DUI. TMI. Issue. I wasn't pulled over. Not driving when arrested for DUI. DUI last Friday night. SO GUT SICK MAD SAD... Any suggestions or advice Thank yyou so much.

Thomas M. Fleming
PREMIUM
Thomas M. Fleming
answered on Sep 27, 2022

I'm sorry you've going through all this. Since the public defender represented you, start there and ask another attorney to take a second look at this. If you received ineffective assistance of counsel, for example, then you may be entitled to a new trial. If that is the case, however,... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: is it illegal to be underage and high, even if i have nothing on my person/car/property
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 21, 2022

In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an... Read more »

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