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DUI / DWI Questions & Answers
1 Answer | Asked in Traffic Tickets and DUI / DWI for Illinois on
Q: My license are revoked in Illinois over 10 years. Can I ever get a license again? taneziabb@gmail.com or 225-470-3303
Theodore J. Harvatin
Theodore J. Harvatin answered on Jan 21, 2020

Yes. There are some excellent attorneys on this list who specialize in drivers license reinstatement in the Chicago area.

1 Answer | Asked in Gov & Administrative Law, Government Contracts, Traffic Tickets and DUI / DWI for Illinois on
Q: My license has been revoked for over 10 years. I was caught driving a month ago. Can I get a license again in Illinois
Theodore J. Harvatin
Theodore J. Harvatin answered on Jan 21, 2020

Unless you have 4 or more convictions for DUI yes you can. First you have to resolve the driving while revoked ticket. Then you will have to have a hearing with the Illinois Secretary of State. There’s a long process to getting ready for that and you should consider retaining an attorney.

1 Answer | Asked in DUI / DWI for Colorado on
Q: Will I serve ALL 58 days in county jail? Going in to serve my remaining days on a closed case. Asked to turn myself in.

Will I serve all 58 days? If so, how many is likely??

Brian K. McHugh
Brian K. McHugh answered on Jan 20, 2020

If you have any pre-sentence confinement credit, that will reduce your sentence (unless that credit has already been applied). The sheriff can also award you reductions based on policies and programs established by the sheriff for county jail inmates.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: I recieved a dui in kentucky, but live in Montana. How will I I have to complete alcohol classes?

I am working here in Kentucky until March.

Timothy Denison
Timothy Denison answered on Jan 20, 2020

Do the accelerated alcohol classes while you’re still here in Kentucky.

1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Q: What can I do to fight a class 5 felony in Ohio? Police found less than a gram of meth amphetamine in my trunk.

I am from PA but was driving through Ohio. I stopped at a gas station and while pumping gas I found a strange package. I was unsure of what it was but my curiosity took over and i grabbed it, throwing it in the trunk of my car.

I was already driving with marijuana and marijuana... Read more »

Matthew Williams
Matthew Williams answered on Jan 17, 2020

You should hire an attorney. There are several problems with your defense. First, ownership is not the issue. Possession is. Second, just because you're clean also doesn't mean your not guilty of the possession charge. It is illegal to possess these drugs whether you use them or not. Fortunately,... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Taken my Dui to criminal Court and told there is additional jail time past my 48hrs how much time if conv. 7 days min?

Told there was additional jail time because I decided to fight it in criminal Court, and if I don't take the guilty plea and still found guilty I will have to finish my 48hrs and have more time added? bac wasn't over.20 so what am I looking at 7 days minimum. I know the max

Anthony M. Avery
Anthony M. Avery answered on Jan 16, 2020

You already know...7 days to serve, on a 11 mo/29 day Sentence. But you also have all the First Offense DUI requirements which are extensive and expensive. At Criminal Court you can file Motions, like Suppression, Discovery, Bifurcated Trial, etc. Giving BAC was a mistake, but maybe consent... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: Got a "Notice to Appear" copy of citation @ DUI arrest that's illegible and almost blank. That legal?
Dale S. Gribow
Dale S. Gribow answered on Jan 16, 2020

legal but not helpful.

we encounter that all the time and have to call the police, DA or court for confirmation of dates.

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1 Answer | Asked in DUI / DWI for North Carolina on
Q: DUI in SC in 2015 I paid $400 of it, I am prepared to pay the rest it has resulted in a FTC warrant is paying it enough?
Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 16, 2020

You need to ask a South Carolina attorney but very likely at this point - paying it will not be enough.

2 Answers | Asked in DUI / DWI for North Carolina on
Q: My wife received a DWI conviction around 10 years ago. She drove on her restricted license for a year after conviction.

When it became time for what she thought was to get her license back, she was told that she needed to have an interlock device installed on her car. At that time, we were not married and she did not have a car. Time passed and she never got her license back and she has been without one ever since.... Read more »

Bill Powers
Bill Powers answered on Jan 16, 2020

GREAT QUESTION

An Interlock may be required, irrespective of the passage of time. DMV in North Carolina tends to be a bit of a stickler on this point.

The expiration of time often does not matter to them.

The condition of an IID for a Conditional Restoration with DMV is...
Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Michigan on
Q: What to do about court fines and warrents.

I got in trouble with the law 6 years ago. I did not pay those court fines. Due to not being able to. Now I have a greatjob that pays me really well. I would like to pay them off however I have a warrant for my arrest because of those fines. Right now at my job we are on mandatory 7 days if I miss... Read more »

Mark Bredow
Mark Bredow answered on Jan 13, 2020

Not enough information. I don't know whether you are talking about traffic fines, misdemeanor fines, and costs, or felony. I don't know your prior history, whether you have a long record of cases and failure to appear. Many factors enter the equation. Don't mess around. Hire an attorney and... Read more »

3 Answers | Asked in Criminal Law and DUI / DWI for Florida on
Q: I was charged with reckless driving reduced from DUI back in 2012. Is there a way to get it wiped from my record now

It was my first offense. I've heard of cases where they offer a clean record after completing court appointed classes and fines. I was not offered this. Is there anyway to fix this now?

Jonathan Blecher
Jonathan Blecher answered on Jan 11, 2020

Possibly. If you received a withhold of adjudication on the reckless, you may be eligible for a record sealing. Contact an attorney to discuss your options. It's a simple process to look up your case online.

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1 Answer | Asked in DUI / DWI for Washington on
Q: What is an uncontested resolution?
Kevin R. Richardson
Kevin R. Richardson answered on Jan 10, 2020

An Uncontested Resokution is when the parties agree on way to conclude the charges in such a way that makes sense. However, he best way to reach the best agreement is to have an experienced attorney on your side who knows your rights and how to properly defend you.

2 Answers | Asked in DUI / DWI and Car Accidents for Maryland on
Q: My husband is being sued for 75k for an accident that he caused. Could I be sued? My name wasn't on the title of his car

My name wasn't on the title of his car. It was a DUI.

Eric Todd Kirk
Eric Todd Kirk answered on Jan 10, 2020

If you were not the owner or driver of the car, it is difficult or impossible to understand the legal theory that one would use to hold you accountable. If you were present in the car, had an obligation to prevent him from driving, and did not, or encouraged him in some fashion, there may be some... Read more »

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2 Answers | Asked in DUI / DWI and Traffic Tickets for Illinois on
Q: What can I do in the case of me having a DUI, and I got a ticket after my conviction/pleaa?

I have a guilty plea with supervision until 05/30/2020, recorded on 05/29/2019. I was given a ticket for a headlight being out, and driving on a suspended. I had a lawyer but then took a position for the state and was unable to represent me anymore. He said something about paying a reinstatement... Read more »

Theodore J. Harvatin
Theodore J. Harvatin answered on Jan 9, 2020

You can always hire another lawyer.

It sounds as though you are suspended simply because you did not pay the $250 reinstatement fee; in other words, the time on your suspension has run. Paying the fee would, if that is correct, give you valid privileges which will may help with the ticket....
Read more »

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1 Answer | Asked in DUI / DWI for Wisconsin on
Q: I got an OWI and am underage. Will I lose my license? I live in Wisconsin.
Walter A. Piel
Walter A. Piel answered on Jan 9, 2020

The revocation will depend specifically on how you were charged. There are mitigating penalties if you are charged with an “underage” OWI as opposed to an “adult” OWI, for lack of better terms. You should call an attorney. Have your citation available. I do provide free consultations, if... Read more »

2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Been on probation for DWI III for 5 years, developed a panic disorder and was just prescribed xanax can I take it?

Was convicted 6 years ago and im currently on mail out reports where I report every 3 months. Had this problem for years but as I'm getting older it has progressively got worst, where I need to seek medical help.. worried about taking the prescription because I know probation officers can be tough... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 9, 2020

Take the prescription to your probation officer and you should not have a problem. If your PO does have an issue, call your attorney. Good luck.

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2 Answers | Asked in DUI / DWI for Minnesota on
Q: Admissibility of a breath test report from the Intoxilizer Machine re DUI charge in MN

If the breath test report does not include the test subjects name or any of the identification information the report request to be completed by the officer filling in the data fields for the breath test operation and report... is it admissible in court? Report had no mention of who the test... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 8, 2020

There should be other identifying information on the report such as the date and time the test was taken, where the test was taken, if not the name of the subject - then the DL # for the subject who provided the test. Additionally, many would have video surveillance of the area where the test was... Read more »

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1 Answer | Asked in DUI / DWI for New Mexico on
Q: I was arrested on October 5 2019for aggravated DWI, I stayed 24 hours in jail for it, it was my first

My court is coming up February 2020, if convicted and have 48 hours mandatory jail time do I get credit for time served, or is there a way to not get jail time just probation,I have no criminal record and have started alcohol counseling

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Jan 7, 2020

It will depend entirely on the nature of your detention and the facts of your case. Were the 24 hours that you "stayed" in jail in anticipation of your arraignment? In which court is your case set? (i.e. "Metro Court" in Albuquerque?). Have you contacted an attorney? These answer to these... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Colorado on
Q: Chumped up charges and abuse of jurisdiction?

Can evidence be suppressed when cops find lrg capcty mag in a closed box doing invntry 2 tow?Following an at fault accident I wanted to go over to check the people in the car I hit, I was getting out of my truck but this guy is blocking my door "stay put budy, stay put". He wouldn't let me out of... Read more »

Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

They need a valid arrest to search the car. Once they arrest you, they can inventory the car to make sure they document everything in there to keep it safe. This is going to be a very fact intensive suppression issue.

1 Answer | Asked in DUI / DWI for Ohio on
Q: DUI charge, absconded in 2012, odd circumstances.

I was on vacation and was charged with dui but immediately released. I honestly forgot about it for years but now I have to get my license and Ohio has a hold. I assume I have to come and turn myself in. I consulted with one lawyer who said he could get this resolved in probably 1 hearing as I am... Read more »

Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

Yeah, you have to deal with it in Ohio. Hire the best lawyer that you can afford , but if you are homeless then look for free representation through the Public Defender or other free lawyer services up there.

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