Get free answers to your DUI / DWI legal questions from lawyers in your area.
Your current state is Ohio
Probation being revoked states the case goes back to original sentencing. Even if I was on probation the court would be the one to order my license being held. I've talked to 2 supervisors at probation and they are holding my license and will not show proof of why after years this is being... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024
Your lawyer should write a letter to the judge and ask him/her to order probation to return your license. You may also be able to clear your license with the DMV and simply get a new license from them if your statutory revocation period has ended and you are no longer on probation supervision.
Vehical was parked on private property not pulled over by law enforcement
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
I lived in Arizona before I had gotten the DUI in Michigan and I believe the license in Arizona is still valid
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... View More
Is it mandatory to have an interlock when I get reinstated although my year suspension is completed
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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... View More
answered on Oct 9, 2024
That would depend upon things not stated in the question. For example, if the judge's Pretrial Release Order provides for Conditional Release, and one of the conditions is "no use of alcohol or non-prescribed drugs" or similar, then smoking cannabis would violate that condition.... View More
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
answered on Oct 7, 2024
We never recommend someone just plead guilty to a DUI or DUAC. While every case is different, there are oftentimes defenses that will allow lawyers to negotiate something less severe than DUI. It is certainly worth a consultation with an experienced DUI defense attorney.
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
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
I got 3 dwi in less than one year. I have not been convicted on any. I had gone to court before getting my third one & had been admonished by the judge. I have court again next week. How much jail time am I looking at ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2024
If I understand your question correctly - and assuming these are the only charges you have on your record - the maximum jail time you could receive is up to 180 days in jail and up to a $2000 fine. But those are the maximum punishments - not what's likely to happen. It's fortunate that... View More
i just got a call from court telling me i have court for my first dwi offense, will i go to jail?I’m currently on probation for the second dwi but like i said my first one was never charged or called up for court until now 1 year and 2 months later
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 1, 2024
You need to hire an experienced DWI Defense Attorney to help you with this one. That would be my first call. Most attorneys will give you a free consultation. My second call would be to a Bonding Company. Are you currently out on bond on the second DWI - the one you were charged with? If so, I... View More
answered on Oct 1, 2024
Police are required to have "reasonable, articulable suspicion of criminal activity" or an observed violation of law to justify a traffic stop. If police are "profiling" in a way that lacks that justification, then the stop could be ruled illegal by a judge. If a defendant... View More
answered on Oct 1, 2024
Did not know they were committing a what? Law enforcement needs reasonable articulable suspicion to pull someone over. They would then need probable cause to place that individual under arrest and probable cause to get a warrant to seize their blood or urine. Get an attorney on board to review... View More
Judge stop DA FROM DROPPING MY CASE SAID NO AND ASSIGNED ANOTHER DA CAUSE HE'S PREJUDICE
answered on Sep 25, 2024
No.
A presiding judge rules on the motions, evidence and merits, he does not “dismiss” a case. The judge may find a defendant not guilty (acquitted), but an outright case dismissal lies within the prosecution agency (either a district attorney’s office or state attorney’s office,... View More
I haven't had but driving on suspended since 1998 since I lost my license I don't drink anymore
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2024
I assume you are revoked. You must have a hearing with the Illi Secretary of State.
That requires obtaining a drug and alcohol evaluation, completing required classes and proving to the secretary at the hearing that you can be a safe and responsible driver, if given driving privileges.... View More
I restored my license from revoked status October of 2022.
answered on Sep 6, 2024
The 2027 date is probably when you are eligible after having your license revoked. You should consult with a local attorney experienced in driver license restoration to see if you have options such as a hardship or circuit court appeal. However, it's likely that if driving at all is important... View More
I got a DUI in August 2019 but in my recent security background check the date of August 2021 came up and referred to it as the disposition date. I plead guilty to the charge and received 2 years unsupervised probation. Is there any way to change that date? Or does the disposition date refer to the... View More
answered on Sep 5, 2024
If you get a copy of your Minnesota Driver's License record from the Minnesota Department of Public Safety - Driver and Vehicle Services Division, it should indicate that the date of the conviction relates back to the incident-arrest date. A "disposition date" should refer to the... View More
He was on the side of the road and heard me hit the rumble bars and flipped around to follow me then pulled me over for dui.
answered on Sep 3, 2024
Driving erratically can generally be a legal basis for being pulled over. Specifically driving out of a designated lane onto the shoulder where the road is serrated may give an officer probable cause to follow a vehicle and initiate a stop. The officer’s observations of how the vehicle was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2024
Yes - there are two ways to find out if you've been released from a breathalyzer device. The first place is Texas DPS: https://txapps.texas.gov/txapp/txdps/dleligibility/login.do. Check your driver's license eligibility page to see if the ignition interlock device is still listed as a... View More
Logging truck drove into my rental. They want to pay 83k for appraisal value of home and lossed rent. Multiple contractors estimate 220k plus to repair. Occurred in Arkansas. Driver was charged with DUI.
answered on Aug 19, 2024
An Arkansas attorney could advise best, but your question remains open for a week. The short answer is that it could depend on the terms of the policy. Some policies are ACV (actual cash value) and some are Replacement Cost. A local attorney should be able to advise definitively after seeing the... View 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.
