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DUI / DWI Questions & Answers
1 Answer | Asked in Traffic Tickets, DUI / DWI, Appeals / Appellate Law and Constitutional Law for Arizona on
Q: Traffic stop, exp. tags, blew 0.00 alc. passed field sobriety, isn’t that a Terry stop? No reason for blood test?

They charged me with a dui, I haven’t been to court yet, they suspended my AZDL for refusing a blood test. Got a warrant and tested blood anyways, I haven’t gotten the results back but they charged me with a dui although there was no hearing for that. Fined me for no insurance or registration... View More

James L. Arrasmith
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answered on Dec 30, 2024

I'm sorry you're going through this difficult situation. It sounds like you have several concerns regarding your traffic stop and subsequent charges. To address potential violations of your rights, it's important to consult with a qualified attorney who can review the details of your... View More

0 Answers | Asked in DUI / DWI for Delaware on
Q: I had a dui case and lawyer told me i don’t need to be present in court but case is still active

i had a dui case and a friend (at the time) told me he’d help me connect with his lawyer who is really good. I spoke to the lawyer on the phone and they asked for money order as the fee method of payment. I made it and sent it with the friend as i was not driving at the time. The lawyer then told... View More

0 Answers | Asked in DUI / DWI for Pennsylvania on
Q: Do I have to keep a new jersey interlock now that I'm residing in p.a? I'm getting my license in p.a. should I keep it?

Philadelphia never asked about the interlock. I only got it to lift my suspension in nj from 11 years ago. Am I able to get it removed now?

1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: DUI & Immigration Help Needed

I’m a non-U.S. citizen on a B1/B2 Business/Personal Visa seeking legal help from an attorney with experience in DUI defense and immigration matters.

Case Details:

Location: Santa Clarita, CA

Date: 12/7

Situation: Pulled over at 2 a.m. for speeding and swerving. I... View More

James L. Arrasmith
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answered on Dec 15, 2024

This situation requires immediate attention from both a criminal defense attorney and an immigration lawyer, as DUI charges can seriously impact your immigration status and future Green Card application.

Given the complex interplay between criminal and immigration law, you should seek legal...
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0 Answers | Asked in DUI / DWI, Traffic Tickets and Native American Law for Oklahoma on
Q: completion of intensive inpatient substance rehab records qualify in place of drug/alch asses/ vicim impact panel ect

The traffic stop occurred roughly 12yrs ago in tulsa ok. insurance on my vehicle had lapsed I refused the blood draw not having knowledge of that qualifying as automatic admission of guilt, this occurred after blowing 0.0 on site & @ station. Field sob test resulted in further exam due to my... View More

0 Answers | Asked in DUI / DWI for Michigan on
Q: If you're driving safely, but have 1 unscheduled substance in your blood from many hrs ago, can you be convicted of DUI

The substance/research chemical could be a benzodiazepine used sparingly for anxiety. If it is the only substance located from a sample if one is drawn, can you be convicted of an OWI? If the substance in question is federally legal, and illegal only in a handful of states, that do not include... View More

0 Answers | Asked in DUI / DWI for Michigan on
Q: If you were not driving actually intoxicated, and have a legal substance in your blood from 24+ hrs ago, is it DUI?

Regardless of if you refuse the field sobriety test, or pass it, or fail it, there would be metabolites/the chemical still showing on a blood test if a sample was taken. The research chemical in question is a benzodiazepine would be legal in Michigan and also legal federally.

2 Answers | Asked in Criminal Law, Traffic Tickets, DUI / DWI and Domestic Violence for California on
Q: Clarification on Court Procedure for Misdemeanor Ticket?

I was issued a misdemeanor ticket (visitation schedule order) on November 22. I never violated the court order and have prepared a 32-page declaration with exhibits. The court date on the ticket is set for December 18.

During the December 18 hearing, what should I expect? Can I submit my... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 12, 2024

The date is for the arraignment. This is not a pretrial or trial. Plus you have to be careful what you say. Anything you say can and will be used against you. They will appoint you the public defender to represent you. They will be able to best advise and represent you. Good luck with your case.

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0 Answers | Asked in DUI / DWI for South Dakota on
Q: I was pulled over for doing 68mph in a 65mph zone. I passed field sobriety and breathalyzer. They still searched my car

I was pulled over for doing 68mph in a 65mph zone. I passed field sobriety and breathalyzer. They still searched my car and found an open container which I was cited for. They never asked permission. Do they have probable cause although I passed the breathalyzer and field sobriety test?

0 Answers | Asked in DUI / DWI for New Jersey on
Q: I was convicted of a 3rd dui in NJ with a 10 year loss of license, the law changed to 8 years in 2019

Is there anyway i can get the new law to apply to me so that i can get my license back 2 years earlier?

1 Answer | Asked in DUI / DWI for Virginia on
Q: If I already signed a plea agreement restricting my license for 12 months can I change it to 6 months

I was charged with a dui my first offense and instead of doing the six months restricted I choose the 12 months with interlock but now I’m seeing I can’t afford to have an interlock for 12 months that the 6 months is more ideal is there anyway I can go back and change it?

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Dec 12, 2024

You would need to file a motion to reopen if still in the appropriate timeframe to do so and ask the court to change the order. The problem is the DMV and ASAP will most likely restart the clock. You should contact your original attorney.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Can I file a Motion to Dismiss based on the statute of limitations if my case was dismissed without prejudice?

Details:

The alleged incident (misdemeanor: violation of a court custody visitation schedule order) occurred in March 2023.

The case was filed in court in September 2023, pausing the statute of limitations.

In December 2024, the case was dismissed without prejudice due to... View More

James L. Arrasmith
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answered on Dec 11, 2024

In California law, when a case is dismissed without prejudice, the statute of limitations is temporarily paused (tolled) during the time the case was pending, but it resumes running from where it left off after the dismissal. This means you would add together the time that passed before the initial... View More

0 Answers | Asked in DUI / DWI on
Q: can I file for a probation dismissal for straight probation due to a DWI when it is keeping me from obtaining employment

I started my 18 month probation in February 2024 - have more than half way completed. Have paid my fees on time and am up to date, complied to all probation requirements. Charge was a Class B Misdeamener DWI. My current lawyer filed a "motion to dismiss" but all that was done was to... View More

0 Answers | Asked in DUI / DWI for Pennsylvania on
Q: Fines voided, DUI expunged for refusing blood test (Automatic DUI) later PA passed Law making Legal to refuse blood test

During traffic stop, bad cop lied saying he smelled marijuana in car just for probable cause to search, didn’t find anything at all. Asked if I smoked thought playing like cool cop, said yeah and it’s probably on my clothes. He said “so you smoked today?” I said yeah but it was this morning... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: fines voided DUI expunged for refusing blood test (automatic DUI) Later PA passed law making legal to refuse blood tests

Refused a blood test during traffic stop got an automatic DUI for that then afterwards Pennsylvania passed a law making it legal to refuse a blood test after I already was found guilty with consequences being, i got my license suspended as well as being required to an breathalyzer having to be... View More

Tony Chiaramonte
Tony Chiaramonte
answered on Dec 10, 2024

Please note that this response is for informational purposes only and does not constitute legal advice.

In Pennsylvania, the ability to expunge a DUI conviction and void associated fines and costs is limited and depends on specific circumstances. Here's an overview of the law as I...
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0 Answers | Asked in DUI / DWI for Iowa on
Q: Is the state of Minnesota required to turn around results from a DWI urine test within a certain time period?

I received a DWI in Oct. 2023. At the station the sheriff had problems submitting a breathalyzer so I ended up giving a urine sample. I was told reults would take around 6-10 weeks, but it's been over a year now. If there is a time requirement that has not been met, would those charges get... View More

0 Answers | Asked in Criminal Law and DUI / DWI for Oklahoma on
Q: I’ve been on probation since 2019, welll I got unsupervised then I got another charge October of last year a dui.. ???

I got the dui last year October and they filed motion to excelerste! So they put me back on clean start “ ransom UA”s well I go to court January 8th for my. dui case .. idk what happening with that then January 9th my PO has to testify against me a sepena…

What do you think is going... View More

0 Answers | Asked in DUI / DWI and Car Accidents for Kansas on
Q: How to prove my innocence?

My friend allowed a guy to drive her car, her in the passenger seat and I in the backseat behind the passenger seat.

I was intoxicated i.e. why I was backseat. Guy ran into a tree and wrapped the front end around it. I looked up and was confused to find there was nobody in the drivers... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: What does “T” or “V” stand for in a GA court case number? For example, 18-T-xxxx
Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

The letter will typically indicate the type of case. For example, T may be for traffic citations, D could be used for all other misdemeanor cases, B could be for felony cases, A could be for Divorce cases etc.

Each court has its own labeling procedure, so the letter will change depending...
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