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DUI / DWI Questions & Answers
2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »

Kevin John Mawn
Kevin John Mawn
answered on Jan 27, 2023

It is best to consult with a civil attorney who handles this type of claim.

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1 Answer | Asked in DUI / DWI and Traffic Tickets for California on
Q: When do points "fall off" the DMV record

I'm trying to figure out when do points "fall off the record", when does the time start counting, from the time a person is convicted or from the time the citation was issued? All I know that in CA it's 3 years and 3 months, but when does the time start counting exactly, so they... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jan 25, 2023

The points accrue (go on your record) when the conviction occurs, meaning that, until you are convicted the points aren't on your driving record, the three years starts running at the point you are convicted.

1 Answer | Asked in DUI / DWI and Traffic Tickets for California on
Q: Do points on my CA DL stay 3 years and 3 months after the conviction date in court or the time had been started counting

once I received a citation?

I'm sorry, I believe my question has been wrongly structured,

I'm trying to figure out when do points "fall off the record", when does the time starts counting, from the time a person is convicted or from the time the citation was issued? Thank you

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jan 25, 2023

Any points that are placed on your driving record start when you are convicted, not cited.

3 Answers | Asked in DUI / DWI for California on
Q: DUI dating back to 2011. Should I wait the 10-year period?

LICENSE STATUS:

SUSPENDED OR REVOKED*

DEPARTMENTAL ACTIONS:

PRROF REQ: O/01-24-14 * TERM - - *

DRV LIC COMM- DISQ * * eff: 05-09-11 * THRU:05-08-12 * ORDER MAIL: 04-29-11*

AUTH: 15300A9* SERVICE: M / 06-19-15* STATE CALIFORNIA*

CONVICTIONS:... Read more »

Richard L. Grant
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Richard L. Grant
answered on Jan 24, 2023

If you have paid your fine, completed 3 yr or 5 year Informal Probation, completed alcohol classes, and completed Victim Impact Class (Mothers Against Drunk Drivers), you need to hire an Criminal/DUI Defense Attorney to file Motion to Expunge the DUI Conviction. I do them quite frequently where a... Read more »

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3 Answers | Asked in DUI / DWI for Florida on
Q: Can dui ticket be dismissed if the officer said no passenger on citation but there was a passenger?

My boyfriend was pulled over, I was with him. He switched lanes without signal and they accused him of being under the influence. The officer asked to see my id. They gave him a field test, in the cold with slippers and shorts on. He was cold and has physical ailments. They arrested him. On his... Read more »

Jonathan Blecher
Jonathan Blecher
answered on Jan 23, 2023

Dismissed, no. But the officer’s omission might result in fertile cross-examination. Retain an attorney.

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3 Answers | Asked in DUI / DWI for Florida on
Q: Can dui ticket be dismissed if the officer said no passenger on citation but there was a passenger?

My boyfriend was pulled over, I was with him. He switched lanes without signal and they accused him of being under the influence. The officer asked to see my id. They gave him a field test, in the cold with slippers and shorts on. He was cold and has physical ailments. They arrested him. On his... Read more »

Michael Olowu
Michael Olowu
answered on Jan 23, 2023

No, the DUI ticket cannot be dismissed for that purpose alone. On the other hand, a gifted lawyer can explore this discrepancy in the ticket to attack the officer's credibility at trial. Additionally, a lawyer may be able to review the ticket and report to see if there are more discrepancies... Read more »

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1 Answer | Asked in DUI / DWI for Texas on
Q: Charged with 3rd dwi with a prior felony evading 20yrs ago. What are the odds of probation in texas? Last dwi 2003
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jan 23, 2023

It depends on what county you are in. There is always a chance you can get probation. Retain a lawyer to assist . If you have a drinking problem start going to AA.

1 Answer | Asked in DUI / DWI for Florida on
Q: I'm being told that I have to start my 2 year iid sentence over because I had heart surgery and can't continue?

I'm being told that I have to start my 2 year iid sentence over with 5 months left because I had heart surgery on 1/6/23 and can't continue at the present moment? Is this legal? My heart condition is out of my control and I was doing everything that was asked of me with no violations.... Read more »

Jonathan Blecher
Jonathan Blecher
answered on Jan 20, 2023

You owe the State 2 consecutive years with an IID. How does your heart surgery recovery prevent you from having the IID installed on your car?

1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Immigration Law for Texas on
Q: Being stopped in Texas, the driver was intoxicated, with weed in the car and the passenger is an immigrant...

- deleted -

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jan 19, 2023

Any arrest could impact your immigration I would not ride in the car with him under this set of facts,

2 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: CA ATTY's :Is an SR22 start date the date of admin suspension received from the DMV or the date of court conviction?

Admin suspension effective March 20 2020. Date of court conviction 6/20/2022. Been carrying an SR22 since March of 2020 so the removal date would be Mar/April 2023 if it began at the DMV admin suspension. (All DMV fines and reinstatement fees have been paid)

Does the SR22 clock reset on... Read more »

Alison Lee Bermant
Alison Lee Bermant
answered on Jan 16, 2023

It is 3 years from the date you reinstated your driving privilege. You can always call the DMV Mandatory Actions Unit to confirm the exact date that happened.

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2 Answers | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: If I have a warrant In Kentucky can I go to the regional driver’s license office and get an ID card made?
Leland Hulbert
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Leland Hulbert
answered on Jan 16, 2023

I think you may have already asked this question. The general answer is probably. They do not typically have law enforcement to arrest you at the driver license office.

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2 Answers | Asked in DUI / DWI for Texas on
Q: I was charged with a 3rd dwi on 1-12-2023. My last conviction was in 2003. Do I have any chances of no jail time?
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jan 16, 2023

Yes there is a chance. Retain a lawyer asap

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2 Answers | Asked in DUI / DWI for Texas on
Q: I was charged with a 3rd dwi on 1-12-2023. My last conviction was in 2003. Do I have any chances of no jail time?
Clyde W. Burleson
Clyde W. Burleson
answered on Jan 16, 2023

There's almost always an opportunity to avoid jail, especially with your last DWI being 20 years ago. That said, you'll need a DWI lawyer to give yourself the best chance. It's impossible to give a complete answer without knowing all the facts of the case and your past, but... Read more »

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: What is my recourse if the cop lies and says he smells alcohol and the fact that i dont drink

I have not had a drink in over 40 years

Brandon D. Fersten
Brandon D. Fersten
answered on Jan 12, 2023

If you were arrested for DUI it is imperative that you hire a DUI lawyer. Officers routinely write "strong odor of alcohol, slurred speech, unsteady on feet, red watery and bloodshot eyes" in nearly every arrest warrant for DUI. The only recourse is to question him on the witness stand in... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: I was charged with a DUI less safe alcohol and controlled substance in Paulding County Georgia.

I was charged with a DUI less safe alcohol and controlled substance in Paulding County Georgia. My blood test had a BAC of .045 and the controlled substance is from Adderall which I am prescribed. The night of the stop I went through a yellow light that turned red. I did not submit to the field... Read more »

Robbie Levin
Robbie Levin
answered on Jan 11, 2023

It is not possible for a lawyer to advise you whether to enter a plea or go to trial without a thorough examination of all the evidence. I have no idea what evidence you may have given through your own statements. I have no idea what other evidence may have been found at the scene. My guess is... Read more »

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: Does State Patrol have training material that states heat bumps on the back of someone's tongue indicate drug use?

If so is this recently recognized by the scientific community as factual information?

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 11, 2023

To my knowledge, the answer is "no." The National Highway Traffic Safety Administration (NHTSA) is a federal agency providing support and funding to local law enforcement agencies, as well as funding and collecting scientific research. NHTSA's two similar programs for law... Read more »

2 Answers | Asked in DUI / DWI for Ohio on
Q: Granddaughter charged with underage consumption, OVI and blew .231 Would you recommend getting an attorney

This was her first offense. Commutes to college. Could she represent herself or would a court appointed attorney be wise.

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jan 9, 2023

Always be represented when your freedom is at risk. There are possible favorable resolutions to your case if there are constitutional issues.

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1 Answer | Asked in DUI / DWI and Traffic Tickets for South Carolina on
Q: Does this apply to me.

I am a 20yo male I got pulled over and charged with 63-19-2450, I also attend college.

Casey Brown
Casey Brown
answered on Jan 6, 2023

A small exception does exist in the statute you cited so the answer would depend on the specific facts and circumstances. I would advise you to have an attorney guide you through the legal process to protect your rights and resolve the matter.

1 Answer | Asked in DUI / DWI for Arizona on
Q: Is there anyway of getting DUI charges from 2 years ago dismissed, if I was parked, asleep car off keys in my pocket???

I was pulled over, parked on the side of a residential area asleep in my driver side chair. Awoken by PD taken from car where they found my keys upon the pat down but bac was .085 and they charged me 2 years later by mail. Is there anyway to fight this ?

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Jan 3, 2023

There are two potential issues from your question. The first is whether you were in actual physical control of the car. In Arizona you can get a DUI for driving or being in actual physical control. However, sometimes actual physical can be hard to prove especially without evidence of driving or... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I have a case in Oklahoma and there trying to get my pass creminal history to posicute me
Grant St Julian III
Grant St Julian III
answered on Jan 2, 2023

I am not sure of your exact question but if your case is pending in Oklahoma, jurisdiction lies in that state and you need to discuss the matter with an attorney licensed there. Good luck.

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