Presumably you have the implied consent license revocation from your first DWI on your record. But you certainly need an attorney to address this issue along with all the other issues that accompany a DWI case.
I was driving to get dinner 2 nights ago, I dropped my wallet and reached down to grab it, and I grazed a parked car. Minimal damage to the other vehicle, but my vehicle was disabled. There were no injuries. I had a few beers before I drove, and have prior DUIs. If I received another, I would have... Read more »
This is already a bad situation. Don't compound it by falsely claiming that the vehicle was stolen. That isn't going to make things better and likely could result in additional charges for not only hit & run, but also for falsely reporting a crime. The likelihood of getting out of...Read more »
There are two separate issues here. The constitutionality of your encounter with law enforcement. Was the traffic stop legitimate? Was the search of your purse constitutional permissible? Issues along those lines could result in suppression of the evidence against you and dismissal of the...Read more »
I was unable to continue virtual while waiting she discharged me I contacted probation right away he said to get another assessment done and violated me they want me to do 90 day I already served 22 days I denied violation I have court feb 14 for hearing I did assessment he asked for what should... Read more »
There appears to be a lot missing here. You indicate that you were unable to continue virtual treatment. Why? Have you done another assessment? What were the recommendations? Have you started to follow the recommendation? Doing that would be a good start to avoiding jail time.
You could certainly attempt a necessity defense in a case like this. Ideally the situation is also something the prosecutor would take into consideration and he or she might be willing to dismiss the charges under the circumstances.
I completed everything except the driving with care and the med impact panel I'm from Minnesota I work full time in healthcare I lost my grandma and my mother just in the last 7 months due to covid plus nine of my residents that have been long term with me I have complied with everything that... Read more »
I would expect that a probation violation might be filed. I’d suggest that you complete the driving with care and victim impact panel ASAP. Additionally, telling the court that you’ve done everything that was asked of you is a bad idea because you haven’t. You haven’t completed the DWC...Read more »
Getting booked and fingerprinted is a requirement when someone is charged with a DWI. I’m guessing that didn’t happen because of the pandemic. So he will need to go through the process. It doesn’t take long and he won’t have to spend any time in jail.
By the time she was found not guilty it was passed the time-line for license reinstatement. From what I understand the arresting officer was fired for lying under oath. I believe someone is culpable and she should be made whole. She has suffered tremendously and is still feeling the after effects... Read more »
The processes for challenging the license revocation and motor vehicle forfeiture is completely separate from the criminal case. She would've needed to file challenges to the license revocation and to the forfeiture far earlier in the process and this would've been laid out in writing in...Read more »
How is it legal to hold me accountable to a private company in order to regain my driving privileges? I quit drinking 3 years ago, waited 4 years to complete probation, and I'm STILL forced to complete a interlock program that costs thousands of dollars before I can get my license back?! How... Read more »
The license revocation process is entirely separate from the criminal case. So for starters, nothing you would've done in the criminal case would have affected your license revocation. That is requires filing paperwork in a civil matter called Implied Consent. You do not have a...Read more »
He was pulled over for speeding. He was found to have a case of beer on the front seat and a BAC of .16. Is a lawyer even worth the time and expense on this. We want to get him help but not punished without a purposeful meaning.
Currently it is a 3rd degree offense, 1st time caught.
Absolutely he needs an attorney. His rights should be protected and the prosecutor isn’t going to do that for him. Your son is potentially going to deal with long term consequences. Better to have an attorney to help minimize those consequences.
I am wondering about how courts are dealing with this COVID mess and the required hours for community service. Instead of doing Sentence-to-serve, I have been approved to do community service but have been having a difficult time fulfilling my hours. My deadline has already been pushed back twice... Read more »
I would expect that a probation and a judge would give extensions for this reason, but in the end would require the time to be served in jail. After all, community service is considered a jail substitute by the courts. Therefore, if it were me, I'd simply find a way to get the hours done....Read more »
First offense. First ticket ever, actually. I am not sure if I need to bring my court paperwork and paperwork from the program, both inpatient and outpatient I went to. It is impossible to find out what I need to do. I found one site that says completed court requirements, but I am on self... Read more »
Yes, you should be able to turn yourself in earlier. The turn date is usually a deadline as opposed to a date certain. I would contact the appropriate jail and let jail staff know that you would like to turn yourself in early. That should not be a problem for you.
The cop wants to impound my friends vehicle which I was driving when I got stopped but they told my friend where it was and she just went and picked it up and went home on the day this happened. He also says he forgot to give me the summons or ticket. All I got when I left was the notice and order... Read more »
You should hire an attorney to assist you. They will be able to contact law enforcement and the court on your behalf to determine what exactly is going on and provide you with advice on how to best handle the situation. Many of us offer free consultations.
They had forgotten to give me papers for "temporary use of a vehicle" along with my arresting copies of the breathalyzer and info packet on dui/dwi, & how to get a special license. It's been almost a month, can I get my friends car out of it? As I took her car and not mine? They... Read more »
What will happen when you missed your sentencing court date and have failure to appear warrants but you where originally ror with conditions of release being 2 years probation. What will happen when you turn yourself in on the warrants and to what your conditions of release change for having the... Read more »
You don't provide nearly enough information to intelligently answer what you might be facing when you are sentenced. There is no information here about what the charge was or what your criminal history is relative to your potential sentence. Courts have certainly been processing in custody...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.