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DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Arizona on
Q: If I have a DUI in Michigan and move to Arizona will the dui follow? I know Michigan does not participate in the NDR

I lived in Arizona before I had gotten the DUI in Michigan and I believe the license in Arizona is still valid

Zalman  Sapad
Zalman Sapad
answered on Oct 30, 2024

Best way to confirm whether or not Arizona Department of Transportation knows about your Michigan DUI is to call them and ask. You can also easily check the status of your Arizona driver license/driving privilege at AZMVDNOW.gov.

The DUI may not follow you in the sense of having license...
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1 Answer | Asked in DUI / DWI for Tennessee on
Q: If I got a dui in TN , and decide to not drive for the year cause suspended license . Mandatory to have interlock?year?

Is it mandatory to have an interlock when I get reinstated although my year suspension is completed

Anthony M. Avery
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answered on Oct 29, 2024

Not eligible for DL until all requirements of DUI Sentence and DOS requirements are met. Call DOS and ask what is needed. Blowmeter is for that type of license, so you might get out of it with a reinstatement after Sentence completed. SR22 Insurance should still be a requirement. DOS... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: Can a police officer take your pulse or blood pressure without your consent during a DRE examination for DWI?

If yes, do they need a warrant from a judge? And if you refuse, are there any penalties? I am interested in knowing what the law says in Texas, but I am curious about the laws in other states as well.

Jim  Butler
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answered on Oct 28, 2024

This is a great question. The DRE evaluation just like the Standardized Field Sobriety Tests is voluntary. You agree to allow them to perform the evaluation. This evaluation must be done down at the station and the first step in the 12 step process is getting a sample of your breath - to rule out... View More

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Can multiple charges be added to a single ticket after being issued when a vehicle was not stopped on public road

Vehical was parked on private property not pulled over by law enforcement

Trevor J Lushanko
Trevor J Lushanko
answered on Nov 8, 2024

Yes, it is possible for charges to be added to a citation or ticket after it was issued. The fact that the vehicle was parked on private property does not necessarily prevent additional charges from being added. When a cop issues a ticket or citation, it is typically sent to the local prosecuting... View More

1 Answer | Asked in DUI / DWI, Civil Rights and Constitutional Law for New Jersey on
Q: Township official pulled alongside parked vehical on private property & issued person standing next to vehicle intoxic

Officer was seeking similar vehicles reported by citizen to be hazard

James L. Arrasmith
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answered on Oct 27, 2024

You were approached by a township official while standing next to your parked vehicle on private property. The officer was searching for vehicles similar to yours that had been reported as a hazard by a citizen. It seems you were issued a citation or accused of being intoxicated.

You might...
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1 Answer | Asked in DUI / DWI for California on
Q: Forgot to turn in documents for dui course completion and just not realizing I have a bench warrant

Recently found out I have a bench warrant for forgetting to turn in my dui course papers and I have to show up for jury duty how do I sort this out??

James L. Arrasmith
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answered on Oct 23, 2024

Your immediate priority should be addressing the bench warrant before your jury duty date, as having an active warrant could lead to serious complications.

Contact the court where your DUI case was handled right away and ask about the procedure for recalling the warrant. You'll want to...
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1 Answer | Asked in DUI / DWI for Tennessee on
Q: Had accident in 2022 DUI charge now 2024 just got notice of citation warrant any advice?
Anthony M. Avery
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answered on Oct 22, 2024

Citation or Warrant? Misdemeanor or Felony Charge? Hire a competent attorney to represent you. Passage of time may help on evidence or even the SOL. Do not discuss what happened except with your retained counsel.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for North Carolina on
Q: What to do / say to an officer when pulled over? Anyone have a concise information sheet that can be kept in car?

I've seen lots of videos and articles on what to say/do or not say/do during traffic stops. But what I'm wondering is, does anyone have a concise sheet / summary of these basic instructions that could be kept in the vehicle so that I could actually... remember some of this advice?... View More

James L. Arrasmith
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answered on Oct 21, 2024

When you’re pulled over, stay calm and pull over safely to the side of the road. Keep your hands visible, preferably on the steering wheel, and wait for the officer to approach. Avoid making sudden movements and follow the officer’s instructions carefully.

Provide your driver’s...
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1 Answer | Asked in DUI / DWI and Civil Rights for Oklahoma on
Q: Can a homeless person have their car impounded and be dismissed all charges if they live in in the car?
James L. Arrasmith
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answered on Oct 19, 2024

I'm really sorry you're facing this situation. Living in your car can make you vulnerable to local laws that may lead to your vehicle being impounded. Many cities have ordinances against overnight parking or using a vehicle as a residence, which can result in fines or towing.

If...
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1 Answer | Asked in Traffic Tickets and DUI / DWI for Texas on
Q: Can I say CORPUS DELICTI against traffic violations.
John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Absolutely. It won't prevent you from receiving a citation or from being arrested for a serious violation like DWI. But you can certainly say it if you like.

Whether you say it or not, the principle of corpus delicti applies, and the State must present sufficient evidence to prove...
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1 Answer | Asked in Criminal Law, Federal Crimes and DUI / DWI on
Q: What’s the average hourly rate for a criminal lawyer with DUI/FIREARMS charge experience

Misdemeanor DUI and a Dangerous weapons manufacture sell or traffic , though during Covid they don’t file for 3 months and couldn’t find any record of incident for that amount of time and never was directed to notified of following procedure as I was left with just two papers in the ER , my... View More

James L. Arrasmith
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answered on Oct 16, 2024

The average hourly rate for a criminal lawyer handling DUI and firearms charges in California typically ranges from $200 to $500 per hour. Rates can vary based on the attorney’s experience, reputation, and the complexity of your case. Lawyers with extensive experience in both DUI and firearms... View More

1 Answer | Asked in DUI / DWI for Kansas on
Q: If a previous DUI was in a different state over 10 years ago does it count for purposes of sentencing in Kansas?
Jonathan M. Snyder
Jonathan M. Snyder
answered on Oct 17, 2024

K.S.A. 8-1567(i)(1) provides that for purposes of determining whether a conviction is a 1st, 2nd, 3rd, or 4th, the Court must count all convictions occurring on or after July 1, 2001. K.S.A. 8-1567(i)(3) states that a "conviction" includes any violation of law of in another state that... View More

1 Answer | Asked in DUI / DWI for Florida on
Q: How does the Florida legal

My neighbor is a young man facing a DUI, moped. He has a asst public defender.

What can I do to improve his chances of not ruining his life by adding a guilty.

Daniel Cavanaugh
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Daniel Cavanaugh
answered on Oct 10, 2024

I would recommend he meet with a qualified DUI attorney for a consultation. Most attorneys do not charge for the first consultation. The attorney can evaluate the facts and advise your neighbor as to whether there are any specific legal or factual issues that would be helpful for his case. Some... View More

1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for California on
Q: Received Ineffective Assistance of Counsel & negligence resulting to poor outcome in Appellate court decision, options

I received almost no communication or assistance from court appointed attorney during my appellate case, including not being provided with necessary court transcripts and documents. Despite multiple attempts to contact my attorney, i received no response I only received a Wende brief letter months... View More

James L. Arrasmith
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answered on Oct 9, 2024

I'm sorry to hear about your experience. You may have grounds to challenge the appellate decision due to ineffective assistance of counsel. Start by consulting with a new attorney who can review your case and determine if there are valid claims for appeal based on your previous attorney's... View More

1 Answer | Asked in DUI / DWI for Kentucky on
Q: statue of limitations on a OWI

arrested in 2005 for OWI in Indiana, moved never went back to court. moved back to area recently was arrested on a bench warrant. should this be dissmissed?? statue of limitations?? ridiculousness its been almost 20 years advice please

Timothy Denison
Timothy Denison
answered on Oct 8, 2024

There is no statute of limitations on an open case. You’ll need to go back and resolve it or it will follow you forever.Hire a lawyer to go back and look at it and examine the evidence if there is any after all this time.

1 Answer | Asked in DUI / DWI for Washington on
Q: Does prosecution in WA state not negotiate penalties if you have a high DUI reading of around 0.2?
Cristine Beckwith
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Cristine Beckwith
answered on Oct 7, 2024

Hello, negotiated settlements can be more difficult when there is a high breath test. There are other issues that can be fought, in addition to the test result. Don't give up. Talk to a few DUI attorneys. Many of us offer free phone consultations.

2 Answers | Asked in DUI / DWI for South Carolina on
Q: I was arrested on 9/27 for DUI. BAC .17 via Breathalyzer at the jail. Reason for stop was speeding. No Criminal Record!!

No Criminal History and Driving Record is pretty spotless. Should i just plead guilty since i blew and was well over? And is it possible that doing so will help possibly get me a lighter sentance, like maybe no jail time and just a fine with the mandatory IID, suspensions, and all the other things... View More

Casey Brown
Casey Brown
answered on Oct 7, 2024

Retaining an experience criminal defense attorney is a good way to make sure that your rights are upheld, the State has evidence to prove their case, and protect you as the matter proceeds through the legal system. DUI in SC is a nuanced law that has many different issues. The law has also changed... View More

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1 Answer | Asked in DUI / DWI for Georgia on
Q: My lawyer hasn't contacted me in a year and now I have court tomm..Should I fire him?

Court appointed attorney hasn't communicated with me at all..nothing in a year.

I got a messagefrom the courts I have court tomm and still haven't heard from him.

Robbie Levin
Robbie Levin
answered on Oct 6, 2024

I suggest you call your lawyer. If it’s an arraignment, your lawyer may have filed a waiver, and you might not need to appear in court. The clerk could probably also tell you if a waiver has been filed.

Otherwise, you need to appear in court. Hopefully your lawyer will be there, and...
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1 Answer | Asked in Traffic Tickets and DUI / DWI for Tennessee on
Q: if you can get your drivers license in tennessee can you set up payment plains if still owe court cost
Anthony M. Avery
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answered on Oct 7, 2024

You might talk the Court Clerk into a conditional release upon payment, which will require approval of the DOS. They do not have to. Easier to pay in full and get the TNDL.

1 Answer | Asked in DUI / DWI for Virginia on
Q: I live in Va I got arrested in 2016 in nc I was never charged or went to court it’s now 2024 what can they do to me now?

I’m trying to get my va license and the have put a stop on me from getting my license

Daniel P Leavitt
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answered on Oct 4, 2024

It sounds like you have something outstanding in North Carolina. You're going to want to find what's holding you up from getting a license in Virginia. It sounds like you have a charge but you're going to have to do investigating in North Carolina.

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