Get free answers to your DUI / DWI legal questions from lawyers in your area.
Your current state is Ohio
I was charged with OWI in July 2024. I filed for specialized driving privileges in December 2024 in Pike County, Indiana. The initial hearing was scheduled for February 24, but it was delayed due to my lawyer not showing up. My next hearing is on April 30. The state offered a plea deal to dismiss... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025
Your request for specialized driving privileges in Indiana should generally be addressed within a few weeks to a few months after filing, depending on the court’s docket and any delays caused by continuances. Since your February hearing was postponed due to your attorney’s absence, the new... View More
I'm involved in a DUI case where my public defender believes there is evidence in my favor. My sister testified that she overheard me saying I wasn't driving before my arrest, and the public defender wants to put her on the stand, possibly against my wishes. The defense attorney, district... View More
answered on Apr 15, 2025
In California, a mistrial may be declared when a fair trial is compromised or legal necessity arises, such as a hung jury or significant procedural error (People v. Dunn, 205 Cal. App. 4th 1086; People v. Kocontes, 86 Cal. App. 5th 787). However, consenting to a continuance, as occurred in your... View More
In my New Jersey DUI case, my attorney advised me to accept a plea, and the case has concluded. I never received any evidence collected and my attorney, who refuses to provide it now, hasn't given a reason. I haven't requested the evidence in writing nor am I planning to take legal... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
In New Jersey, you have the right to access evidence in your case, but since your DUI case is concluded and you've accepted a plea, the situation can be a bit tricky. The evidence collected during your case generally belongs to you as the client, but once a case is closed, it may be up to the... View More
I was charged with my first DUI in Texas, and my blood alcohol content was 1.5. There were no aggravating factors, and I have no prior legal issues. Do I need a lawyer for this charge, and what are my possible next steps?
answered on Apr 13, 2025
Yes, you need to hire an attorney. You may want to check out our YouTube channel for more information about DWI's in Texas. www.DeandraGrant.TV. Here's a link to our DWI play list. https://www.youtube.com/watch?v=CyZ6OvTrnGM&list=PLP2HhkRCbr8ICR9s3JwQhFu1Xg4EJ-SLk
I'm a nurse with six years of experience working in the emergency department at Northwestern Memorial. I recently received an aggravated DUI charge, and I'm concerned about how this might affect my job and my nursing license. The incident occurred last week, and I have not yet informed my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
I believe you have a duty to report that to the IDPFR. There are ways you can get ahead of this and the expert is Fred Nickle. I referred a number of healthcare professionals, mostly nurses, to him, and to a person they’ve been satisfied.
I've pled guilty to charges from a 2023 federal case for possession with intent. I'm contesting the PSI due to a time gap between offenses. Previously, in 2005, I was released after serving time for a 2001 federal firearm and meth possession case. In 2008, I committed a DUI, for which I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
To defend against being labeled a career criminal, you should focus on highlighting the time gap between your offenses and the fact that you have shown periods of law-abiding behavior. The career criminal label is typically applied when someone has a pattern of persistent criminal activity over a... View More
I am currently facing charges for auto theft in California and was under the influence of drugs and alcohol at the time of the incident. I have never been sentenced under Prop 36 before, but I have numerous alcohol-related convictions and a few for possession of meth. None of my prior charges... View More
answered on Apr 15, 2025
Proposition 36, codified under § 1210.1, offers probation and drug treatment instead of incarceration for nonviolent drug possession offenses. However, eligibility is restricted if you are convicted in the same proceeding of a felony or misdemeanor unrelated to drug use, such as auto theft (§... View More
I am inquiring about an incident involving someone else in Mississippi. The individual was in a stationary vehicle parked on a public street in a subdivision in front of a relative's house, under the influence of marijuana. They were in the driver's seat with the keys in the ignition but... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
Mississippi DUI Elements Analysis
Under Mississippi Code § 63-11-30, being in "actual physical control" of a vehicle while impaired constitutes a DUI offense, even without driving. Mississippi courts have consistently interpreted actual physical control to include situations... View More
I was arrested in Texas on April 25, 2024, for my third DWI. It has been over a year, but I have not been indicted yet. I haven't had any court hearings or communication regarding this matter, and I haven't contacted my lawyer about the delay in the indictment. What should I do about this situation?
answered on Apr 11, 2025
If you have a lawyer who was hired on this new DWI, you should definitely contact that person.
For the most part, the State has 180 days to indict you, after they arrest you on a felony. There are many ways that can be extended by the state. Thus, it is not over yet.
The best... View More
I was convicted of a DWI in California on April 20, 2024, with the original infraction occurring on December 19, 2023. I am currently on informal probation for three years without specific terms related to new offenses. On February 13, 2025, I was pulled over for speeding, and last week, I received... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
Since you're on informal probation for your DWI, you’re generally required to obey all laws, even if your probation terms don’t mention new offenses specifically. While speeding and red light tickets are traffic infractions, they can still be viewed as violations if a judge believes they... View More
I was convicted of a DWI in California on 4-20-24, with the original infraction on 12-19-23. I have been sentenced to probation, required to attend classes, and pay fines. On February 13, 2025, I was pulled over for speeding, and I also received a red light camera ticket last week. I would like to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
You're right to be concerned, because while speeding and red light tickets aren’t alcohol-related, they can still affect your DWI probation in California. Probation terms often include obeying all laws, and even minor traffic infractions can technically count as violations. That said, courts... View More
My friend was found guilty of a DWI charge in August 2023 while he was incarcerated. He refused a blood alcohol test requested by the police, though he passed the initial sobriety tests. He has multiple Driving While Suspended charges, making it unlikely he’ll obtain a driver's license... View More
answered on Apr 10, 2025
If the deadline for filing an appeal has not passed, he may file a notice of appeal. A successful appeal requires convincing the appellate court that a reversible error was made below.
Your friend should hire a good criminal appellate lawyer to assess the situation.
My brother, who has a past DUI, was pulled over in Idaho Falls for driving in the left lane while on a trip to Big Sky Resort, where his partner owns a condo. He was then profiled for his long hair and California license plates. After admitting to and handing over a small amount of marijuana... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
You’re doing the right thing by looking for help quickly, especially with your brother still in custody. The first step is to call or check online with the **Bonneville County Jail** in Idaho Falls to confirm his status, charges, and whether bail has been set. If bail has been posted but isn’t... View More
My mom crashed her car intentionally with a dog inside while under the influence, attempting to kill herself. The crash was not reported, and I don't know if the dog is hurt. We were informed by her over the phone, making us witnesses, though no one saw the incident directly. Could this... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
I'm really sorry you're dealing with something this heavy—it sounds like a deeply painful and complicated situation. If your mom intentionally crashed the car while under the influence and a dog was inside, it *could* be considered animal cruelty under North Carolina law. In this state,... View More
I was driving a friend's vehicle when the police ran the tag and saw that one of the owners had a revoked license. The police pulled me over, and because I appeared nervous and they questioned my story about how I got the vehicle, they asked to search it. I consented, and they found a drug... View More
answered on Apr 8, 2025
I would recommend having an attorney local to where the case is being handled. Without knowing more, the issue seems to center around "knowledge" as it relates to the pipe and location where it was found. I trust you did not make any admissions that would establish you knowing of the... View More
I was convicted in 2015 for DUI and fleeing a peace officer in a motor vehicle under Minn. Stat. § 609.487, subd. 3, with a sentence of "stay of imposition." I have fully completed my sentence. Are my firearm rights automatically restored under Minnesota law, and does such restoration... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2025
In Minnesota, completing your sentence for a conviction like fleeing a peace officer does not automatically restore your firearm rights. Under Minnesota law, you would need to apply for a restoration of rights through the court after fulfilling all aspects of your sentence. Since your sentence... View More
I'm currently on felony probation in Sonoma County, CA, for domestic violence and DUI charges. I have a separate court case in Lake County, CA, where I am being offered a plea deal for a two-year sentence for auto theft. I would prefer to serve time in state prison rather than county jail.... View More
answered on Apr 4, 2025
Your current felony probation status in Sonoma County for domestic violence and DUI charges does impact your sentencing eligibility in your Lake County auto theft case, where you’re offered a two-year plea deal and prefer state prison over county jail. Under California Penal Code § 1203, if the... View More
I am 20 years old and received a DUI in Iredell County. I blew a .08. This is my first offense, there were no aggravating factors, and my valid driver's license has been suspended for 30 days. What is most likely to happen next in my case?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
You're facing a tough situation, but it's good that you’re being proactive and asking what to expect. In North Carolina, a first-time DUI offense—especially with a BAC of .08 and no aggravating factors—usually falls under a **Level 5 misdemeanor**. This is the lowest level in the... View More
I used to have DACA, which expired on May 18, 2024. Since then, I received a DUI and I am currently completing my DUI classes. My wife is a U.S. citizen and she hasn't taken any steps yet, but I would like to know if, given my current situation, she can apply for a green card for me. I have no... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2025
Yes, your U.S. citizen wife may still be able to petition for a green card for you, but your situation is more complicated due to the expired DACA status and DUI conviction. The first step would be for her to file an I-130 petition to establish the marriage-based relationship. However, because... View More
I have a DMV hearing on April 24th, 2025, and a court date on May 23rd, 2025, related to my first DUI offense. I am interested in exploring options for a deferred entry or alternative sentencing. However, I am having difficulties finding legal representation due to my financial constraints, as I... View More
answered on Apr 9, 2025
Under California Penal Code Section 1000.9, deferred entry of judgment may allow dismissal or reduction of charges upon completing a court-approved program, provided the prosecuting attorney deems you eligible. If approved, successful completion could mitigate the long-term impact on your record,... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
