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DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Maryland on
Q: Was pulled over after a call of dui. Was parking and hit the car in front of me trying to fit in the parking space. Cops

Came and reached in my car to turn it off, did the HGN and arrested me. I am almost deaf so I didnt understand what they were saying with their masks on. They say I had slurred speech and a faint smell of alcohol on my breath. No breathalyzer test and they say I refused 2 and 1/2 hours after my... Read more »

Mark Oakley
Mark Oakley answered on May 6, 2021

Depending on more details, and to the extent you can prove the 2-1/2 hours and are measuring it correctly from the point the clock starts to run, and opposing contentions as testified to or documented by the police officers (and their body cams), you may have several defenses. However, it is not... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for California on
Q: My husband was arriving in 11/18 I hired a lawyer he did not help my husband he wanted him to plea guilty,

What options does he have,he was assaulted by the arresting officer

Dale S. Gribow
Dale S. Gribow answered on May 5, 2021

MUCH MORE INFO NEEDED.

IS 11/18 .......2018?

BECAUSE YOU HIRE A LAWYER DOESN'T MEAN YOU WILL GET OFF FROM THE CHARGES. A LAWYER FORCES THE DA TO MEET THEIR BURDEN OF PROOF. WHETHER THE CLIENT DID THE ACT OR NOT IS NOT THE ISSUE. IT IS WHETHER THERE IS ENOUGH EVIDENCE TO...
Read more »

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1 Answer | Asked in DUI / DWI for New York on
Q: Is Is leaving a well lightedd area and turning your headlights on halfway across the street grounds for a DUI rest
Michael D. Litman
Michael D. Litman answered on May 3, 2021

Operating without headlights on at night might be grounds to pull someone over, but that alone isn't the basis for an arrest. There would need to be evidence of impairment or intoxication to give an officer probable cause for arrest on a DUI charge.

2 Answers | Asked in DUI / DWI and Traffic Tickets for New Jersey on
Q: I need a pro bono later I live in north Brunswick nj traffic atop DWI and careless driving court date may 5,2021

No

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 2, 2021

A pro bono lawyer is given by the court and he is called the public defender. You need to request one on your court date and if you qualify one will be appointed for you.

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1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: is it in an inalienable right in the state of Missouri to consume alcohol
Dan Nold
Dan Nold answered on Apr 29, 2021

Inalienable rights I would generally say are life, liberty, and the pursuit of happiness. I suppose you could consider the consumption of alcohol a pursuit of happiness. Generally, lawyers, at least lawyers that I know, do not speak about the consumption of alcohol being an inalienable right. It... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I had a dwi 2nd misdameanor a public defender I need to revoke probation due to costs . Need advice how to go about it.

Got mobile breathalyzer 100mnth fine 55mnth prob 60,month classes 300 I'm not working have no car. Hard time finding a job and then paying for uber and taking the breathalyzer to work

Grant St Julian III
Grant St Julian III answered on Apr 27, 2021

Go to the court that granted your probation and explain your financial situation to the Judge. Good luck,

1 Answer | Asked in Child Custody, DUI / DWI and Family Law for Michigan on
Q: My EX wife had full custody of kids can I take full custody from her if she get 4th DUI?

EX wife history, losing first kids, losing license for 15yrs, 3 DUI, 17 yrs ago. After 20 years marriage, witnessed her badly many mental ill, she was fine for 17 years perfect no drugs no alcohol, beautiful loving woman. 2016 she was giving new mental drugs and I don’t know what happened to her... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 27, 2021

What does your judgment of divorce say about legal custody? If you don't have joint legal custody, then if she went to jail, it's possible for the children to be placed in the care of someone else.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can I get my husband released on house arrest for the 2nd dui
Anthony M. Avery
Anthony M. Avery answered on Apr 27, 2021

The mandatory minimum is 45 days in jail. You did not state the Sentence, but sometimes a lengthier Sentence can include in house rehabilitation, and possibly other things. Going home is not an option however. He should have thought about the Sentence when the Judge was considering it.

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for New Hampshire on
Q: What should I do? I was arrested in 2011 and just vacated my warrant and set new hearing date.

I was arrested 10 years ago in New Hampshire for DUI and possession of marijuana. I was in the middle of moving out-of-state at the time, being a young and dumb 22 year old I left anyway without notifying the court or explaining to them my situation. Subsequently, I had a bench warrant placed out... Read more »

Albert Hansen
Albert Hansen answered on Apr 26, 2021

You should definitely hire a lawyer. Feel free to call me at (207) 467-3767 for a free consultation.

1 Answer | Asked in DUI / DWI for Texas on
Q: How do I revoke probation and I can't afford an attorney

Tarrant county dwi 2nd misdeameanor.

Grant St Julian III
Grant St Julian III answered on Apr 22, 2021

You cannot revoke probation. The State can file a motion to revoke probation and eventually the Judge can enter such a motion. Go talk with the Judge who granted the order. Good luck.

1 Answer | Asked in DUI / DWI for Delaware on
Q: Should I get public defender for my dui court case? Can not afford a lawyer or attorney.
Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 21, 2021

If you are asking whether you should ask for a public defender or represent yourself, then it's a no brainer to ask fort a public defender. You should not go into criminal court without a lawyer. If you think you might be able to afford a lawyer, then contact a few and find out ahead of your... Read more »

1 Answer | Asked in DUI / DWI for Maryland on
Q: I received a PBJ for a DWI back in 2019. The PBJ has been stricken as of April 2021 and I received points on my license.

I received 8 points on my license, is that enough to suspend my license and the violation was from 2 years ago so shouldn’t some of the points go away by now?

Mark Oakley
Mark Oakley answered on Apr 20, 2021

Points are assessed from the date of the original violation, so if it has been 2 years since you were stopped for the DUI, the points will no longer be current points (they will show with an asterisk on your driving record, but would not be included in any current point total). However, the MVA... Read more »

1 Answer | Asked in Car Accidents and DUI / DWI for North Carolina on
Q: I had a DUI a year ago, which resulted in an accident where I hit another car.. The people I hit are suing me...my

Question is, my insurance is maxed out, so can they get my only asset which is my home? I have no other assests besides my one car and my house, and very little money in a checking account, currently unemployed as I am full-time caretaker for my elderly father.

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 19, 2021

We can give general guidance, however, in your situation, you really need to set up an appointment with a bankruptcy attorney and discuss specifically what is and is not protected if you file bankruptcy. Additionally, I would contact your insurance company and the adjuster handling this matter... Read more »

1 Answer | Asked in DUI / DWI for Kentucky on
Q: DUI NC. All requirements met. KY still won’t lift license suspension, says I need classes here. Can you help?

I Keep getting a different answer when I call Frankfort. I’ve done everything asked of me. I don’t think I should have to take DUI classes here in KY for a DUI in NC. Can you help me navigate this situation?

Timothy Denison
Timothy Denison answered on Apr 18, 2021

Get your proof of class completion in NC and deliver it to the DOT in KY. You do not have to take classes in Ky if you have completed them in NC.

2 Answers | Asked in DUI / DWI for Minnesota on
Q: How much jail time for my first DUI

The first time I’ve heard of jail time for the first DUI. In regards to this matter

William Bailey
William Bailey answered on Apr 17, 2021

Nobody can answer this. Call a lawyer if you want to know.

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: I was released on a ROR but no conditions set but to show up for my first court date
William Bailey
William Bailey answered on Apr 17, 2021

Sounds like you’re looking at jail time. Do you have a question?

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1 Answer | Asked in DUI / DWI for Arizona on
Q: If the interlock was required 10.5 years ago, do I still need to get it now if I didn't then?
Matthew Maerowitz
Matthew Maerowitz answered on Apr 14, 2021

Yes, for an alcohol DUI the interlock restriction will remain with the MVD when you reinstate your driving privileges.

1 Answer | Asked in DUI / DWI for Washington on
Q: I was in a car accident, single vehicle, minor injuries, property damage only. No impairment recorded or found on scene,

No on scene test given, according to collision report. Transported to ER, did basic cbc, ua, and comprehensive blood test. I don't remember if I signed anything at the hospital to give my test results to police, can they still access my hospital blood test results and other health records? In... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Apr 14, 2021

Is this for a possible DUI charge in the state of CA or WA?

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Would this offense be on my permanent record even though I was the passenger?

I received a ticket for consumption of open alcohol as a passenger and I spoke with the officer and he said that no points would be added to my license nor would it go on my record. The only thing I would need to do is pay the fine relating to the offense. This is my first offense and I’ve... Read more »

James A. Abate
James A. Abate answered on Apr 12, 2021

That is a motor vehicle violation so it would got on your motor vehicle abstract.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I got DUI. 8 years ago and I received 11/ 29. Paper. Did no finish it and had. Flat out on that do I stell owe fines or

Took care of when I felted sentence out

Anthony M. Avery
Anthony M. Avery answered on Apr 12, 2021

Not sure of your question. You might call the Court Clerk about the remaining fines/costs owing, especially jail costs.

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