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DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for California on
Q: Can I sue for false imprisonment? My DUI case was dismissed in County Court, but I’m still being charged with by DMV

In Nov. 2023 I was wrongfully arrested for a DUI.

I was on my way to being dropped off at home after a night out with coworkers. Upon that travel, my co worker driving in front of us had been pulled over by CHP. (Mind you, my home was a block away from the restaurant).

Myself and... View More

James L. Arrasmith
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answered on Jul 20, 2024

In California, you can consider suing for false imprisonment if you believe you were wrongfully arrested and detained. In your case, if your DUI charge was dismissed in County Court, but the DMV is still pursuing action against you, there are specific legal avenues you can explore. It’s important... View More

1 Answer | Asked in DUI / DWI, Gov & Administrative Law, Employment Law and Admiralty / Maritime for New York on
Q: Appealing Coast Guard decision

Hello, I was taking contaminated gummies and failed pre employment drug test. Please advise, I completed class and evaluation, Coast Guard took my credentials without any notifications.8

Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

It might be difficult to get guidance on this here - it's a narrow niche, even within the realm of maritime practitioners - most of whom don't work in this sector. There are some attorneys who handle Coast Guard credentialing and licensing issues involving Administrative Law Judges. You... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Health Care Law for Texas on
Q: I have myofascial syndrome and because the officers didn't like my answers they decided it was narcotics and threw jail

They didn't find anything in purse. On me or in vehicle. Need a lawyer to defend me in court. I took blood test and shouldn't have been arrested. I was stressed and confused which is a symptom of my disease

Justin Barrett Wilson
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Justin Barrett Wilson
answered on Jul 5, 2024

Sadly I have seen many DWI arrests take place when officers misinterpret a physiological or neurological condition as intoxication. While I completely understand your frustration about the situation, I can hopefully shed some light on the situation for you.

First of all, your case points...
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1 Answer | Asked in Car Accidents, Criminal Law and DUI / DWI for Washington on
Q: what if you have no prior offenses and crash your car total it drunk and totally a mercedes’ in the state of washington
Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A Washington criminal defense attorney could advise best, if you need to discuss any charges. Your question probably remained open because car accident attorneys (the chosen category) deal more with civil damages (money for injuries or vehicle damage). You could reach out to criminal defense... View More

1 Answer | Asked in DUI / DWI for Florida on
Q: Do cops have to asked for your driver license, registration and insurance?

I was involved in an incident at a motel with an ex-girlfriend. Two males got involved and I left. Instead of going home, I drove less than 10 seconds to a parking lot of a closed business in order to look inside my car for my cell phone which became lost. Unknown to me someone called 911 at 11:08... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

A peace officer is not required to ask for a drivers license, registration or insurance when investigating a crime. A person operating a motor vehicle on a public roadway is required to provide that information upon request by a peace officer, but a peace officer is not obligated to ask for it.... View More

1 Answer | Asked in DUI / DWI for Arizona on
Q: Is there any way to remove this from record?

I was charged with dui charge, DUI LIQUOR BAC .08 OR MORE - 1ST.

I pled guilty to a different charge, DUI LIQUOR/DRUGS 1st

Matthew Maerowitz
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Matthew Maerowitz
answered on Jun 20, 2024

The charges other than the one/s you plead guilty to should show up as dismissed. You can set aside any convictions after completing all terms of your sentence. If you don't want the case to be visible at all, you can request to seal your records. Normally the court will have information on... View More

1 Answer | Asked in Civil Litigation and DUI / DWI for Florida on
Q: I was arrested for DUI. The charges were dropped because video shows the officer did not make a traffic stop. Can I sue?

This is not a case of me driving in traffic and a cop observed my driving pattern and made a DUI traffic stop. I was at a motel when an incident occurred with an ex, two males got involved and I left. Because I did not know where my phone was, I went to a parking lot 10 seconds away to look inside... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 17, 2024

Sorry to hear about your ordeal. Your inquiry is unclear regarding the phrase, "arrested me without me knowing". If you're arrested, you'd know it. You would be handcuffed, placed in a patrol vehicle, and taken to a facility for booking. Not sure if you mean you were instead... View More

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was arrested in my front yard for DUI, having been home for almost two hours will this stand up in court?

I refused to take a breathalyzer as I was not driving

Anthony M. Avery
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answered on Jun 12, 2024

You do have some good defenses since you refused the test. And you might not even lose your TNDL administratively for 1 year since TN has to prove you were the driver or allowed an intoxicated person to drive. Hire a competent attorney to prepare for a rigorous Preliminary Hearing.... View More

3 Answers | Asked in DUI / DWI for California on
Q: I got a DUI & I won my DMV hearing and suspension was set aside. What are the chances of winning my case in court
Richard L. Grant
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Richard L. Grant
answered on Jun 10, 2024

Congratulations, setting aside the DMV License Suspension is rare.

Regarding the DUI Court Case, the legal standard is quite different. It will depend on the Alcohol BAC Level, below or above .08, and other specific facts, including the operation of the motor vehicle while under the...
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3 Answers | Asked in DUI / DWI for California on
Q: I got a DUI & I won my DMV hearing and suspension was set aside. What are the chances of winning my case in court
James L. Arrasmith
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answered on Jun 10, 2024

I understand you are seeking information about your chances of winning your DUI case in court after successfully winning your DMV hearing in California. While it's encouraging that you won your DMV hearing and had the suspension set aside, it's important to note that the DMV hearing and... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Native American Law for North Carolina on
Q: MY SON IS GOING TO COURT FOR HIS 2ND PROBATION VIOLATION IN NC. DO U KNOW THE AMOUNT OTF TIME THAT ENTAILS. HIS FIRST

VIOLATION HE RECIEVED 3 DAYS. THE CODE FOR HIS CHARGE IS 5083 15A-1345. HE HAS ANOTHER CHARGE IN CHEROKEE NC ON TRIBAL LANDS HE HAS 2 DUI CHARGES THERE AND ONE OF THEM THAT HE WAS CHARGED WITH HE WAS OUTSIDE THE VEHICLE WHEN THER OFFICER ARRIVED AND HE GOT CHARGED ANYWAY. ANY ADVICE IN THIS... View More

John D. Pritchard
John D. Pritchard
answered on Jun 7, 2024

If your son's probation violation is for absconding (running away and not allowing himself to be supervised) or for committing a new crime, it is possible his entire sentence could be activated and he would have to serve it. If it is for anything else (not paying money, positive drug tests,... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Civil Rights for California on
Q: I only had one dui misdemeanor in my life in 2018 this year a old friend of mine admitted to a crime

Of PC490.2-MISD-Petty Theft in front of three officers taking fault on the body camera and now they sent a complaint for me to come to court why would I be blame too I was there but the person admitted to it on the scene where the police had us I don’t understand it and in a different county... View More

James L. Arrasmith
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answered on Jun 6, 2024

Under California law, facing charges for petty theft (PC 490.2) and disorderly conduct (PC 647(f)) can be stressful, especially if it’s your first encounter with such charges. Since your friend admitted to the petty theft in front of the officers, you might have a defense against this charge.... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Medical Malpractice for California on
Q: Criminal case where I told on myself but that's not what CHP said they said they took me to the hospital and I never

Went I went to the drunk tank and they lied through my whole police report and so did the hospital I have them in lies on the police report n "hospital bills" they charge my partnership n chp lied through there teeth and so did the hospital!! I just need someone to help me!!

James L. Arrasmith
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answered on Jun 6, 2024

I understand that you are in a difficult situation and believe that the California Highway Patrol (CHP) and hospital staff have lied in their reports about your case. It's important to address these concerns through the proper legal channels. Here are some steps you can consider:

1....
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1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Could my lawyer be wrong about me going to prison?

On 10 yr probation for intoxicated manslaughter in Texas. Done 7 so far. Had 1st VOP for failure to ID. Got 3 wkends. 2nd VOP driving w out a breathalyzer. Got 4 wkends. Just failed UA for alcohol revocation was filed.

Lawyer I use for VOPs said definitely doing prison time, original charge... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2024

Yes, a lawyer can be wrong. I have practiced law since 1988, and there are still occasions when I am wrong even with 36 years' experience. Obviously, earlier in my career, I was wrong more often than I am now. A lawyer can tell you, based on his past experience, familiarity with the judge,... View More

2 Answers | Asked in DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: How does a DWLS enhancement work when the suspension was based off an FR issue connected to an old DUI?

My license was suspended due to failure to maintain FR insurance on a date that was actually over 3 years since the DUI. The state is charging me with a 3rd offense or DWLS. I'm under the impression that an FR infraction tied to a DUIb would not apply. The officer also searched my vehicle... View More

James L. Arrasmith
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answered on Jun 3, 2024

Your situation involves several legal complexities, and it's important to address each part carefully. A DWLS (Driving While License Suspended) charge enhancement depends on the specifics of your previous offenses. If your suspension is due to a failure to maintain FR (financial... View More

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1 Answer | Asked in DUI / DWI for California on
Q: Can I reduce the length of my DUI program - if I did a program an extended program in another state?

Over 10 years ago I had multiple DUIs in Missouri and some in California. Missouri wanted to incarcerate me, but California did not. Per recommendation of the Judge here in California, I returned to Missouri and was incarcerated. During that time I did a 14 month program - a SATOP. I've... View More

James L. Arrasmith
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answered on May 28, 2024

In California, the length of a DUI program is typically determined by the specific circumstances of the case and the individual's prior DUI history. The 1650 waiver you mentioned refers to California Vehicle Code Section 13352.5, which allows individuals who are convicted of a DUI in... View More

1 Answer | Asked in DUI / DWI on
Q: Travel and return with historical 3 DUIs ?

I had three DUIs in 2015, 2016, and 2021. I paid for everything, served one month in jail, and also completed all the tasks given by the court order. I'll finish my probation this coming October. Can I go to Vietnam and then return to the US without getting deported or having my green card... View More

James L. Arrasmith
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answered on May 27, 2024

Traveling with a history of DUIs can be complex, especially when it comes to re-entering the United States. Since you have three DUIs, this could raise concerns with Customs and Border Protection (CBP) upon your return. However, if you have complied with all court orders, paid fines, served jail... View More

2 Answers | Asked in DUI / DWI and Traffic Tickets for South Carolina on
Q: Is an overnight stay in jail required for DUS?

This past Monday I was driving my husband, who had been at the VA and received a narcotic pain medication and could not drive himself, home at 2:30 am. The officer stated I was speeding and that is why he stopped me. I immediately told him I knew my DL was suspended but the only reason I was... View More

Casey Brown
Casey Brown
answered on May 26, 2024

There are different levels or offenses (1st, 2nd, 3rd or subsequent) which carry different consequences that a driver will face if charged. The officer has more discretion the lower the offense so while it may not have been necessary to spend the night in jail it is at times left to officer... View More

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1 Answer | Asked in DUI / DWI and Criminal Law for Georgia on
Q: i got a citation for my coworker's weed that he had in his car and his bowl. is there anyway to avoid punishment?

on the ticket it says i was a passenger, and the owner of the weed is not going to be at the court date. its less than an ounce of marijuana. what should i do in this situation? i just got my car running and i dont wanna get my license suspended or serve probation. it was a running car parked in... View More

John Kim
John Kim
answered on May 24, 2024

This is a question best asked to a criminal defense attorney, who can investigate further into the specific details of your case. Possession of marijuana (less than an ounce) is a misdemeanor in Georgia, punishable up to 12 months in jail and/or $1,000 fine. In addition, it can trigger an automatic... View More

1 Answer | Asked in DUI / DWI for California on
Q: had DUI related single car accident in 2001. I was released to the hospital and never recvd notification of charges.

I had a DUI related single car accident in 2001. I was released to the hospital and never received notification of charges in the 24 years that I have lived in San Francisco since the accident. I hired bondsman at 5, 10 and 15 year increments to find my case and it was never located. We checked the... View More

James L. Arrasmith
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answered on May 24, 2024

Based on the information you've provided, it appears that you were involved in a DUI-related single-car accident in 2001 in California. After being released to the hospital, you did not receive any notification of the charges against you. Despite your efforts to locate the case through a... View More

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