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DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for California on
Q: Is there any action I can take? Privacy issue

I was recently arrested for misdemeanor dui, and released the same day. The next day a lawyer sent an email addressed to me talking about his services, but the email address he sent it to is not mine. It happens to be an immediate family member. This has caused a drift within my family. They... View More

James L. Arrasmith
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answered on Sep 28, 2023

If you believe that your privacy has been violated due to the disclosure of your misdemeanor DUI arrest to a family member by the lawyer, you may want to consult with an attorney to explore potential legal remedies. In California, there are laws that protect individuals' privacy rights, and... View More

2 Answers | Asked in DUI / DWI for South Carolina on
Q: can breath results not be admissible if longer than 2 hours
T. Augustus Claus
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answered on Sep 26, 2023

In South Carolina, the admissibility of breath test results in DUI cases can depend on various factors, including the timing of the test. Although there may not be a strict "two-hour rule," the longer the time between the alleged offense and the test, the more room there is for... View More

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1 Answer | Asked in DUI / DWI for Kentucky on
Q: Will a dui stick if the cops came and got me out of bed 30 minutes after I got home, with no keys on the vehicle?

My wife went to town and someone called my truck in for swerving, this was 30 minutes after she got home, we were in bed, there were no keys in anything. The police said they had a report of that truck swerving 30 minutes before. My wife said she went to town, but we were already laying down in the... View More

Timothy Denison
Timothy Denison
answered on Sep 26, 2023

You may possibly have a winning case on your hands.

0 Answers | Asked in DUI / DWI for Georgia on
Q: My cousin in Georgia got a second DUI while the first case was pending. How will the matter proceed procedurally.

So my cousin got arrested very late last Sunday night. He was charged with DUI (his first), DC and trespassing (he walked into a random house after driving there). He was released on bond. The Gwinnett County docket only has Pre-filed charges for DC and trespassing. A couple days later, he passed... View More

0 Answers | Asked in Criminal Law, DUI / DWI, Federal Crimes and Sexual Harassment on
Q: Why can an intoxicated person be considered too intoxicated to give consent but not to drive? Double standard?

From my understanding if a person is intoxicated and gives consent for sexual activity. Their consent can later be determined to be invalid based on intoxication level. Which may result in them being cleared of accountability for their choice to have consensual sex and putting their partner at risk... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Legal Malpractice for Oklahoma on
Q: Could my record be expunged early if my lawyer was arrested and surrendered his license?

State of Oklahoma

Lawyer didn’t adequately communicate, failed to appear in court, and failed to perform work for fees charged.

4 client complaint

Arrested in 2006 as well

T. Augustus Claus
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answered on Sep 20, 2023

In Oklahoma, the eligibility for expungement of a criminal record is based primarily on the specifics of your case, the type of offense, and the time that has passed since the conclusion of the sentence or probation. The misconduct of your attorney, while a significant concern, does not... View More

0 Answers | Asked in Criminal Law and DUI / DWI for Utah on
Q: Is crossing fog line once, enough to be pulled over.
0 Answers | Asked in DUI / DWI, Family Law and Child Custody for Georgia on
Q: Q: why can't I provide My defense?Why doesn't judge have time,?how can a consent order I' never seen be signed by Judge

Q: why can't I provide

23 monthS-no verbal no physical contact Can't attend school awards/no public sporting events im never disturbance. Never intoxicated÷ 3 hair test all negative- completed

5 court approved courses(not ordered!still completing more NA MEETINGS SINCE... View More

0 Answers | Asked in Criminal Law, DUI / DWI, Family Law and Child Custody on
Q: why can't I provide My defense? Why doesn't judge have time,?how can a consent order I've never seen be signed by Judge?

23 monthS-no verbal no physical contact Can't attend school awards/no public sporting events im never disturbance. Never intoxicated÷ 3 hair test all negative- completed

5 court approved courses(not ordered!still completing more NA MEETINGS SINCE OCT 2021, RECORDINGS 'texts TO... View More

1 Answer | Asked in DUI / DWI for Kentucky on
Q: husband arrested for a DUI, is diabetic and was not intoxicated. based on field test. What should we do.

he was not read his rights, but because his pupil were dilated and he has a lazy eye, his balance was off because he has a bad hip from childbirth, and get confused when nervous they charged him with a dui and arrested him. He does not drink, smoke or do any kind of recreational drugs.

Timothy Denison
Timothy Denison
answered on Sep 20, 2023

Hire a criminal defense lawyer immediately. If he was not intoxicated, you may have a winning case.

0 Answers | Asked in Criminal Law, DUI / DWI and Legal Malpractice for Oklahoma on
Q: If my lawyer was arrested for malpractice, can my record be expunged early for 2 nonviolent felonies?

Expungement will happen 2026.

Lawyer has multiple complaints and his license has been taken away.

1 Answer | Asked in DUI / DWI and Civil Rights for Illinois on
Q: Can my dui case be dismissed for want of prosecution after I already plead guilty an paid fines in full?

They can't find any record or incident report for my case at all. No officer sworn report either.

Can I get my fine money back and reimbursed for my vehicle they auctioned off as well?

Theodore J. Harvatin
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answered on Sep 16, 2023

You pled guilty and paid the fines, so there is no want of prosecution. The state has fully prosecuted the case to a guilty plea and collected its fine. I am not seeing this as a viable course of action. If being ability to produce the documents is creating some other sort of hardship, you might... View More

0 Answers | Asked in Criminal Law and DUI / DWI for Utah on
Q: Is it legal to drink and drive on private property? If so what are the limits to what i can and cannot drive and where

I see people say that they drink and drive golf carts on the course and nobody stops them and that its sometimes the reason they go golf

What makes this possible and can I do it in my own yard? If I can't do it in my yard what makes it so you can in the golf course ? If I am able to... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: I’m charged with a dwi in Texas. How do I get a new judge? This judge is unreasonable. Even my attorney says so!

Texas criminal law

T. Augustus Claus
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answered on Sep 15, 2023

In Texas, changing a judge in a criminal case is a complex process that typically requires valid legal reasons, such as a conflict of interest, bias, or the appearance of impropriety by the judge. If you believe you have legitimate grounds for a judge change, consult with your attorney, who can... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: Can I remove someone else's interlock from my car? Their name is no longer on the title

My ex did not follow up with the calibration of the device, and will not complete the steps to have it removed from the vehicle. However their name is no longer associated, in any way, to the vehicle. I am making the payments on this truck, and can not even start it because the device has been... View More

John Cucci Jr.
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answered on Sep 16, 2023

You can remove the interlock. I would send the bill to my Ex.

You have no obligations to him or the court. Therefore, you can remove the device from YOUR vehicle.

Your Ex needs to update the court and/or the probation department about his vehicle status.

I hope this helps.

Good luck!

2 Answers | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Kentucky on
Q: In Kentucky if you are arrested and placed in handcuffs and took to jail and you weren't read your rights what can you d
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

If you satisfactorily prove that you were not read your Miranda rights, any statement you may have made to police after you were arrested ought to be excluded from evidence at your trial. It does not affect the lawfulness of your arrest or whether you will be found guilty based on other evidence... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Kentucky on
Q: Do I have to be read my Miranda rights before I'm arrested and handcuffed in Kentucky
T. Augustus Claus
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answered on Sep 13, 2023

In Kentucky, the reading of Miranda rights is generally associated with custodial interrogations, not the act of being arrested or handcuffed. Law enforcement officers are required to provide Miranda warnings when a person is in custody and subject to questioning. These warnings include the right... View More

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1 Answer | Asked in DUI / DWI for Texas on
Q: Can my probation officer file motion for the removal of interlock from my car or can I do it myself or do I need lawye?

I'm on dwi probation for 17 months and the ignition interlock is to be installed in my vehicle for half of the probation period. I don't make a lot of money and I have spent so much and have debts because of this. Do I need a lawyer to file a motion for the removal of the interlock or can... View More

John Cucci Jr.
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answered on Sep 11, 2023

The good news is that you, your lawyer, or your PO can request the court allow you to remove the Interlock device. If your PO is willing to make the request, that would be the best way as the court usually grants the request from the PO.

If your PO will not do it, it MUST be done by a...
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1 Answer | Asked in DUI / DWI for Kentucky on
Q: In ky is there a 5 year wait out period instead of taking dui classes?

Two family members told me that instead of taking dui4 classes. They waited out 5 years and got their license back without any issues or classes. I live in ky

Timothy Denison
Timothy Denison
answered on Sep 9, 2023

No. There is no wait out period. You must take the classes before you get your license back.

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