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DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for California on
Q: did my 3 month DUI course, paid my fees but still need to do the HAM progra by March 1. Will i go to jail if not finish
James L. Arrasmith
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answered on Feb 20, 2024

In California, completing a DUI program, including the Hospital and Morgue (HAM) program, is often a condition of probation for DUI convictions. If you've completed your 3-month DUI course and paid your fees but have not yet completed the HAM program by your deadline, it's important to... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: I was sentenced for dui in 2013 and was sentenced twice on same charge violated probation that was terminated in TN

2013 I had DUI I plead guilty was sentenced and put on probation I violated probation for not going to probation and then was sentenced again and probation was terminated one yr later I caught a charge and was sentenced to 6 mo for vop that I was no longer on and was terminated court records have... View More

Anthony M. Avery
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answered on Feb 20, 2024

Why did your lawyer not move to dismiss the redundant conviction? Whether the convictions were in General Sessions or Criminal Court has some bearing on how to address it. But apparently you did nothing but go to jail. You might correct the record now and expunge the nonexistent conviction,... View More

1 Answer | Asked in Appeals / Appellate Law, DUI / DWI and Traffic Tickets for Missouri on
Q: When you haver court and you fail 3 times to appeal because you have financial problems to travel to another state

I’m going to jail ?

T. Augustus Claus
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answered on Feb 9, 2024

If you fail to appear in court for a traffic or DUI/DWI case in Missouri because you are unable to afford travel to another state, this can lead to serious consequences, including the issuance of a warrant for your arrest. However, going to jail is not automatic upon failing to appeal or appear; it... View More

1 Answer | Asked in DUI / DWI for Illinois on
Q: Blew into my baiid device and failed .106 @ 9am then waited until 2pm and blew a .024 passed. What is going to happen ?

On rdp significant risk. There was no lockout period.

Theodore J. Harvatin
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answered on Feb 7, 2024

You will be found in violation of the program. Your next hearing will have to be a formal hearing. Your evaluator must address the violation and determine if you need additional treatment and/or need to be reclassified. The chances you will be reinstated are almost 0 and at most expect a permit.

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: Hello question my friend was just pulled over for a headlight out . Mind you she was only about 2 miles away from home.

She's mental health issues and she is a diabetit was 8 PM the night before Thanksgiving as she got pulled over for a headlight out. As the officer approached her window he had noticed her pupils were Dilated. He jumped the gun and asked her if she was smoking fetal. He asked her to get out of... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 7, 2024

She should get help from a private criminal defense attorney, or a free public defender, if she qualifies. Then she can work with her lawyer in developing effective defenses, and factual information. On the driver's license issue, she may want to call a "Driver Evaluator" at the... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: Hello question my friend was just pulled over for a headlight out . Mind you she was only about 2 miles away from home.

She's mental health issues and she is a diabetit was 8 PM the night before Thanksgiving as she got pulled over for a headlight out. As the officer approached her window he had noticed her pupils were Dilated. He jumped the gun and asked her if she was smoking fetal. He asked her to get out of... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 8, 2024

In Minnesota, the license revocation process is a separate civil process from the criminal charges. A license is revoked immediately upon a breath test over the legal limit or a blood/urine test that shows a prohibited substance on board. She can apply for a public defender to represent her in... View More

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2 Answers | Asked in Criminal Law, DUI / DWI, Federal Crimes and Juvenile Law for Texas on
Q: I'm 13 and I got caught with 3 disposables on school prpty and 2 were empty one was full of honey, what am I facing.

They also put me down as selling on school property

Jim  Butler
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answered on Feb 4, 2024

We are talking "honey", "budder" - the vape cartridges that contains Delta 8,9, or 10 ? I'm not sure what your schools policy is if you are caught with a vape that contains one of these oils. If it turns out to be Delta 9 they could charge you with possession of marijuana... View More

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1 Answer | Asked in DUI / DWI for California on
Q: Do I have to pay dui cost recovery program if I was never convicted of dui

I was in a car crash and suffered a concussion. I was arrested for possible dui but was never charged or convicted

James L. Arrasmith
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answered on Feb 3, 2024

Under California law, DUI cost recovery fees are typically assessed to cover the expenses incurred by law enforcement and emergency services in response to DUI incidents. However, if you were arrested for a possible DUI but were never formally charged or convicted, the situation may differ.... View More

1 Answer | Asked in DUI / DWI for Kansas on
Q: When it comes to a DUI, do they have to write you a ticket for what they pulled you over for?

I didn’t get any traffic tickets for getting pulled over

T. Augustus Claus
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answered on Feb 1, 2024

In Kansas, law enforcement officers are required to have probable cause to initiate a traffic stop, which means they must have a reasonable suspicion that a traffic violation or other offense has occurred. However, the failure to receive a traffic ticket at the time of the stop does not necessarily... View More

2 Answers | Asked in DUI / DWI for Maryland on
Q: MD DUI: DR15 form ADVICE OF RIGHTS is the same as Miranda Rights?

Defendant arrested for suspicion of DUI & taken into custody to police station. Arresting officer advised rights on form DR-15 to submit to test but defendant didn’t sign right away handcuffed to table. Observation period 20-30 minutes.. Breath tech officer asked defendant “are you going to... View More

Mark Oakley
Mark Oakley
answered on Feb 1, 2024

Unless you made incriminating statements, there’s nothing to suppress. Review the evidence in the case with your lawyer. If there’s a basis to file a motion, then it can be filed. I’m not reading anything in your post to support such a motion. Nor am I reading anything in your post to suggest... View More

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2 Answers | Asked in DUI / DWI for Texas on
Q: I was arrested September 3rd charged with DWI have not been indicted yet. Where do I stand?
Jim  Butler
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answered on Jan 31, 2024

Was this DWI filed in Harris County, Texas? In Harris County, when you are arrested for suspicion of DWI, the Police Officer gets on his cell phone and calls the DA's (District Attorney's) office, and lays out the facts of the case. The DA then either accepts or rejects the charges. If... View More

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2 Answers | Asked in DUI / DWI for Texas on
Q: I was arrested September 3rd charged with DWI have not been indicted yet. Where do I stand?
John Michael Frick
John Michael Frick
answered on Jan 30, 2024

If you have been charged, as indicated in your question, you should have by now received a court date for your announcement. For a misdemeanor DWI, this typically occurs within 4-6 weeks of your arrest.

A misdemeanor DWI would be charged by information, not by indictment. It can take...
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1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Georgia on
Q: In chattooga county, can 40 degree weather with no jacket affect the sobriety test of walking in a straight line?

Would someone be able to get a dui charge dropped do to the weather?

James L. Arrasmith
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answered on Jan 29, 2024

Cold weather and lack of appropriate clothing can indeed affect a person's performance on sobriety tests, including walking in a straight line during a DUI investigation. Factors like shivering, muscle tension, and difficulty balancing can make it challenging to complete the test successfully.... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Cannabis & Marijuana Law and Civil Rights for Georgia on
Q: Can someone the age of 21 still qualify to use youthful offender?

In chattooga county Someone that is caught up with a dui, speeding, and distribution at 21 allow to use youthful offenders?

James L. Arrasmith
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answered on Jan 28, 2024

In Chattooga County, as in other parts of Georgia, the availability of the Youthful Offender status typically depends on the age of the individual at the time of the offense and the nature of the charges. The Youthful Offender status is generally reserved for those who commit certain crimes while... View More

1 Answer | Asked in DUI / DWI for New York on
Q: I want to know how much time I will have if I exchange a 6/5 split l, 4 years in and done the 6 months in prison.

I had a felony DWI( AUO made it a felony), .08% first offense. I was incarcerated for the 6 months in prison and now I am 4 years into probation and I have an open violation for missing appointment w PO. Since April I've been suspended no time being credited and I just cannot go on w the... View More

T. Augustus Claus
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answered on Jan 24, 2024

The potential consequences for a probation violation can vary based on several factors, including the nature of the violation, your criminal history, and the specific terms of your probation. Since you're dealing with a felony DWI and probation violation in New York, it's important to... View More

1 Answer | Asked in DUI / DWI for Kansas on
Q: Why was my son given a harsher penalty for Minor DUI than usual?

My son blew a 0.04, his license was suspended for 30 days, the state gave him 180 day restriction with an interlock. I was under the assumption that with a minor the interlock should only be given with a BAC of 0.08 or higher. Do I have the right to appeal this?

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answered on Jan 24, 2024

If your son received a harsher penalty for a Minor DUI (Driving Under the Influence) than what you expected, it's important to understand that DUI laws and penalties can vary by jurisdiction. In Kansas, as in many states, the penalties for underage DUI are often different than for individuals... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: Victim of a crime drugged unknowingly charged with crime OWI
T. Augustus Claus
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answered on Jan 24, 2024

Firstly, gather any evidence or information that supports your claim of being unknowingly drugged. This may include witness statements, medical records, or any other relevant documentation.

Next, contact a criminal defense attorney in Indiana. Provide them with all the details surrounding...
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1 Answer | Asked in DUI / DWI for Kansas on
Q: 16 yr old underage son license suspended for DUI in Kansas

They gave him 30 days suspension, 180 days restriction with an interlock. Is this common for the interlock to be given to a minor that blew 0.03?

T. Augustus Claus
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answered on Jan 19, 2024

In Kansas, it is relatively uncommon for a minor with a blood alcohol concentration (BAC) of 0.03 to be subjected to an interlock device, especially considering the legal limit for individuals under the age of 21 is 0.02. In the case of a 16-year-old whose license was suspended for DUI, the imposed... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can I seal a DWI if I plead guilty to a misdemeanor B DWI but the original charge was a class A misdemeanor?

First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.

John Cucci Jr.
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answered on Jan 19, 2024

Unfortunately, unless the court made it part of your plea, you can not seal or expunge a DWI conviction in TX.

If it was part of a Deferred Adjudication, then there may be a chance for an expungement. But, I would need to see all the paperwork and the final judgment. If the case was...
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2 Answers | Asked in Criminal Law and DUI / DWI for Texas on
Q: Can I seal a DWI if I plead guilty to a misdemeanor B DWI but the original charge was a class A misdemeanor?

First criminal charge in McLennan County. Blew 0.16 but later plead guilty to misdemeanor B (dropped enhancement) and also was placed on probation. Lawyer told me it is deferred adjudication but officer tells me it is adjudicated so I also have questions about this as well.

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jan 19, 2024

In Texas, if a person received a deferred adjudication for a misdemeanor offense that person may be eligible for a sealing (non-disclosure), but NOT an expungement, if it has been two years since their case was dismissed and have no other DADJs. For DWI misdemeanor convictions, the waiting period... View More

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