DUI / DWI Questions & Answers

Q: Can I represent a friend in a New Hampshire court of law?

1 Answer | Asked in DUI / DWI and Juvenile Law for New Hampshire on
Answered on Feb 17, 2019
Andrew S Winters' answer
Theoretically, the law allows for this. Read RSA 311:1: http://www.gencourt.state.nh.us/rsa/html/XXX/311/311-1.htm

HOWEVER, I would never recommend this to either the potential litigant or the person thinking about representation this way. It is very likely to end badly for all involved.

If you are interested, there was a fair amount of press and legal opinions on this issue about 15 years ago involving a non-lawyer named Theodore Kamaskinski in New Hampshire. Just google it....

Q: 61 year old female with clean driving record. First DUI (in VA). Are exceptions ever made for age/good driver?

2 Answers | Asked in DUI / DWI for Virginia on
Answered on Feb 16, 2019
Daniel P Leavitt's answer
Your outcome will depend on the facts of the case. Typically the bac is the biggest factor but a good driving record helps.

Q: 4 duis in 8 months. All occurred prior to the 1st being sentenced.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Feb 16, 2019
Cary B. Hall's answer
Due to a law change a few years back, his 3rd and 4th DUIs will *not* be considered 1st offenses.

Your husband needs to hire a good criminal defense attorney, and now. He's in trouble, and DUIs have escalating penalties the more you rack up with mandatory minimum sentences. Best of luck to him -- he's gonna need it.

Q: A friend has been charged in Arizona for Possession of Marijuana and DUI. What to do next? No priors. Court in a week

1 Answer | Asked in Criminal Law and DUI / DWI for Arizona on
Answered on Feb 15, 2019
Zachary Divelbiss' answer
Your friend should contact and hire a lawyer immediately. There are no "do-overs" in criminal court or with the charges he is facing. He will be provided with a public defender for both cases but since it's his first offense, he should make sure someone puts careful attention into his case so everything goes well. It is typical to have the drug charges reduced or completely dismissed after doing TASC. The DUI is going to be a little more difficult and may require jail if not taken care of...

Q: After completing the roadside sobriety test is the officer required to give you the option to take a chemical test or no

1 Answer | Asked in DUI / DWI for Illinois on
Answered on Feb 14, 2019
David J. Winer's answer
The officer is only required to offer a breath or blood test once at the police station. But, first he must read you the "Warning to Motorist" form explaining the consequences of taking the test or refusing. On the road he is not required to offer any chemical testing.

Q: My husband had a DUI 10 years ago, he never paid the fines or took the classes. What’s the next step to get his license?

1 Answer | Asked in DUI / DWI for North Carolina on
Answered on Feb 13, 2019
Amanda Bowden Houser's answer
There is no next step. He has to comply with what the Court ordered or he will likely never get his license back.

Q: I was convicted in 2006 for felony dui... what steps do I have to take to file for a certificate of rehabilitation in Ms

1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on
Answered on Feb 12, 2019
Arthur Calderon's answer
You need to get with an attorney to file the necessary petition with the relevant court, and have that attorney follow-up with the order certifying rehabilitation. Feel free to reach out to any attorney on here. Most lawyers, including myself, can provide a free consultation to guide you in the right direction and see how we can help out. The process itself, is rather straightforward, and fairly inexpensive.

Q: I was arrested December 22 2018 and have not been to anarainment yet do they still have a case

1 Answer | Asked in DUI / DWI for Oklahoma on
Answered on Feb 11, 2019
Josh Davis' answer
Yes. The State can file your case any time during the statute of limitations. Just keep in touch with your bondsman and check oscn.net.

Q: Can I sue for defamation of being accused of DUI when I was pulled over and never charged

1 Answer | Asked in DUI / DWI and Small Claims for California on
Answered on Feb 10, 2019
Dale S. Gribow's answer
more info needed but anyone can sue for anything at any time.

the question is will you win and do you want to spend the money on an attorney billing you hourly for their work.

my suggestion is save your money..

Q: what is the penal code for DUI in ca.?

1 Answer | Asked in DUI / DWI for California on
Answered on Feb 5, 2019
Mr. Hudson Thomas Bair's answer
It isn't part of the Penal Code, it's codified in the Vehicle Code, there are several sections.

Q: hi if someone gets arrested for DUI can they drive until conviction or dissmissed

1 Answer | Asked in DUI / DWI for Florida on
Answered on Feb 5, 2019
Kevin John Mawn's answer
In Florida, the answer to your question depends on a number of factors. For example, if this is a first offense, you must sign up for DUI level 1 school and apply for an administrative review hearing, within 10 days, to obtain a business purpose only license. In the alternative, you may contest the suspension within 10 days of receiving the ticket. You will be given a business purpose only license while the hearing is pending. However, if you lose the hearing, you will be without a license...

Q: how much will it cost to hire a dui lawyer

1 Answer | Asked in DUI / DWI for Florida on
Answered on Feb 5, 2019
Kevin John Mawn's answer
The legal fees will depend on many factors. For example, the following may apply: the complexity of the case (number of witnesses, breath test, aggravating factors), the number of DUI priors, the experience of the lawyer, travel time to the courthouse, and whether the client is seeking a trial. Although fees will vary, it is always best to hire someone who practices exclusively in the area of criminal defense.

Q: Was charged with a dui and I refused to take the test and the officer never read the dr15 nor my rights

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Feb 3, 2019
Mark Oakley's answer
You only need to be provided the opportunity to read the DR-15 before signing it, and that must happen before you refuse the breath test. Call a lawyer to discuss the details. There is a brief (10 day) deadline to request an MVA hearing on the test refusal to avoid suspension before the hearing can be held. You also have the DUI trial to deal with in addition to the immediate license issues.

Q: I had two DUI's the last was 8 years ago. What do I need to do to get my license back in Illinois

3 Answers | Asked in DUI / DWI for Illinois on
Answered on Feb 3, 2019
Theodore J. Harvatin's answer
You will need a hearing with the Secretary of State after obtaining the necessary documentation, including a drug/alcohol evaluation and any recommendations for follow up. This is an oversimplification of a complicated process.

Q: I am an asylee living in the US since 2001. I have been convicted of DUI felony. I need to change my status to green car

1 Answer | Asked in DUI / DWI and Immigration Law for Minnesota on
Answered on Feb 1, 2019
Kelli Y Allen's answer
I suggest hiring an immigration attorney to assist you with the adjustment of status process. If the DUI is the only thing on your record, it should not be an issue.

Q: hi, i was in court today for a first appearance. upon check in with court clerk, i was given a book and release

1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Answered on Jan 30, 2019
Thomas C Gallagher's answer
Hard to say without being there, or knowing anything about the specifics. You could have asked a judge to review that request. The judge might have ordered it not necessary. But it sounds like you already did it.

Q: I have two pending cases but the clerk of courts sent a guilty verdict to the State of Ill

3 Answers | Asked in DUI / DWI for Illinois on
Answered on Jan 29, 2019
Theodore J. Harvatin's answer
No But you can get the convictions removed for now by notifying the clerk of the error.

Q: I was convicted of DWI in VA. Does TX participate in reciprocal enforcement? What impact can I expect at home in TX?

1 Answer | Asked in DUI / DWI for Texas on
Answered on Jan 29, 2019
Grant St Julian III's answer
I am not exactly sure what you mean by reciprocal enforcement, but Texas will not issue you a driver's license if Virginia would not.

Q: I have a friend who is facing his 4th DUI offense. Any pro bono lawyer's in the Denver area that specialize in DUI aid?

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Jan 28, 2019
John Kenneth Joyner's answer
Tell your friend they need to speak with the public defender's office immediately. If they cannot help, they can at least point him in the right direction for lower-priced attorneys.

Q: Hello I'm trying to look my name up for previous court cases that I had. But I never attended. Anyway I can get help?

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Ohio on
Answered on Jan 27, 2019
Patrick DiChiro's answer
YES. WE CAN DO THAT. CALL THE OFFICE AT 216-642-0424 ASK FOR ME OR MY LEGAL ASSISTANT JOHN. IF WE ARE NOT THERE WE WILL CALL BACK.

WE WILL LOOK THEM UP FOR YOU AND THEN YOU CAN DETERMINE WHAT YOU WANT TO DO AND IF YOU WANT TO RETAIN US.

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.