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DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI and Legal Malpractice for Oklahoma on
Q: Could my record be expunged early if my lawyer was arrested and surrendered his license?

State of Oklahoma

Lawyer didn’t adequately communicate, failed to appear in court, and failed to perform work for fees charged.

4 client complaint

Arrested in 2006 as well

T. Augustus Claus
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answered on Sep 20, 2023

In Oklahoma, the eligibility for expungement of a criminal record is based primarily on the specifics of your case, the type of offense, and the time that has passed since the conclusion of the sentence or probation. The misconduct of your attorney, while a significant concern, does not... View More

1 Answer | Asked in DUI / DWI and Civil Rights for Illinois on
Q: Can my dui case be dismissed for want of prosecution after I already plead guilty an paid fines in full?

They can't find any record or incident report for my case at all. No officer sworn report either.

Can I get my fine money back and reimbursed for my vehicle they auctioned off as well?

Theodore J. Harvatin
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answered on Sep 16, 2023

You pled guilty and paid the fines, so there is no want of prosecution. The state has fully prosecuted the case to a guilty plea and collected its fine. I am not seeing this as a viable course of action. If being ability to produce the documents is creating some other sort of hardship, you might... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: Can I remove someone else's interlock from my car? Their name is no longer on the title

My ex did not follow up with the calibration of the device, and will not complete the steps to have it removed from the vehicle. However their name is no longer associated, in any way, to the vehicle. I am making the payments on this truck, and can not even start it because the device has been... View More

John Cucci Jr.
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answered on Sep 16, 2023

You can remove the interlock. I would send the bill to my Ex.

You have no obligations to him or the court. Therefore, you can remove the device from YOUR vehicle.

Your Ex needs to update the court and/or the probation department about his vehicle status.

I hope this helps.

Good luck!

1 Answer | Asked in DUI / DWI for Texas on
Q: I’m charged with a dwi in Texas. How do I get a new judge? This judge is unreasonable. Even my attorney says so!

Texas criminal law

T. Augustus Claus
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answered on Sep 15, 2023

In Texas, changing a judge in a criminal case is a complex process that typically requires valid legal reasons, such as a conflict of interest, bias, or the appearance of impropriety by the judge. If you believe you have legitimate grounds for a judge change, consult with your attorney, who can... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Kentucky on
Q: Do I have to be read my Miranda rights before I'm arrested and handcuffed in Kentucky
T. Augustus Claus
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answered on Sep 13, 2023

In Kentucky, the reading of Miranda rights is generally associated with custodial interrogations, not the act of being arrested or handcuffed. Law enforcement officers are required to provide Miranda warnings when a person is in custody and subject to questioning. These warnings include the right... View More

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2 Answers | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Kentucky on
Q: In Kentucky if you are arrested and placed in handcuffs and took to jail and you weren't read your rights what can you d
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

If you satisfactorily prove that you were not read your Miranda rights, any statement you may have made to police after you were arrested ought to be excluded from evidence at your trial. It does not affect the lawfulness of your arrest or whether you will be found guilty based on other evidence... View More

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1 Answer | Asked in DUI / DWI for Texas on
Q: Can my probation officer file motion for the removal of interlock from my car or can I do it myself or do I need lawye?

I'm on dwi probation for 17 months and the ignition interlock is to be installed in my vehicle for half of the probation period. I don't make a lot of money and I have spent so much and have debts because of this. Do I need a lawyer to file a motion for the removal of the interlock or can... View More

John Cucci Jr.
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answered on Sep 11, 2023

The good news is that you, your lawyer, or your PO can request the court allow you to remove the Interlock device. If your PO is willing to make the request, that would be the best way as the court usually grants the request from the PO.

If your PO will not do it, it MUST be done by a...
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1 Answer | Asked in DUI / DWI, Civil Rights and Constitutional Law for Alaska on
Q: Cop got search warrant to search blood after passing breathalyzer no accident nor was he unconscious is this valid

There was no signs of drug use to get warrant to search blood blew .05 failed field sobriety tests admitted to drinking a couple beers cops got a search warrant to search blood no accident nor was he unconscious tried to refuse the blood draw asked to speak with attorney before they took blood was... View More

James L. Arrasmith
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answered on Sep 11, 2023

In a situation like the one you've described, the validity of the search warrant for a blood test largely hinges on the totality of the circumstances leading to the warrant being issued. The fact that the individual failed the field sobriety tests and admitted to consuming alcohol might have... View More

3 Answers | Asked in DUI / DWI, Car Accidents and Contracts for California on
Q: can i sue or process a claim towards Hertz Car Rental.

On 06-06-2021, a drunk driver with a rental car from hertz hit me, he was taking into custody and months later was made to under pay me. rental company Hertz denied the claim becuase the rentee didnt return the car on time, i was paid less then $2000 for car damages from the drunk driver out of... View More

William John Light
William John Light
answered on Sep 8, 2023

No, you cannot. 49 U.S.C. § 30106, the Graves Amendment, preempted state laws that made rental vehicle owners' liable for the permissive use of the vehicle. Rental companies do not carry that liability and are not responsible for their renter's negligence, unless you can find some... View More

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3 Answers | Asked in DUI / DWI, Car Accidents and Contracts for California on
Q: can i sue or process a claim towards Hertz Car Rental.

On 06-06-2021, a drunk driver with a rental car from hertz hit me, he was taking into custody and months later was made to under pay me. rental company Hertz denied the claim becuase the rentee didnt return the car on time, i was paid less then $2000 for car damages from the drunk driver out of... View More

James L. Arrasmith
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answered on Sep 8, 2023

Under California law, you may have a potential legal claim against Hertz if their rental car was involved in an accident that caused you harm. It's essential to consult with a personal injury attorney to evaluate your specific case, explore potential avenues for compensation, and determine if... View More

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1 Answer | Asked in DUI / DWI for Arizona on
Q: If the police give you a field sobriety test but you told them you have medical issues can test be invalid over 65 years
T. Augustus Claus
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answered on Sep 7, 2023

In Arizona, if you have medical issues that could affect your ability to perform a field sobriety test, it's essential to communicate this to the police officers at the time of the test. They should take your medical condition into consideration and make appropriate adjustments to the testing... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Minnesota on
Q: looking to hire a lawyer to help with my driver's license and dui charge. What is the typical cost/ retainer for this?

I am needing representation for a dui charge that has not been brought up yet, but I have lost my license. The officer's in this case did not follow the laws and have a history of harassment. I passed the field sobriety test, and afterwards another officer showed up saying he believed i was... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 5, 2023

Your best best may be to reach out directly to criminal defense attorneys. Fees are going to vary some, especially for somewhere outstate like Becker County. Attorneys that have offices towards the Cities are likely going to have to charge for windshield time, especially if there are in person... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Virginia on
Q: Hi, Will my 2 misdemeanors present a problem with me vacationing in Mexico?

Hi,

I am an American Citizen that plead guilty to 2 misdemeanor charges in August of 2014:

DWI, 1ST , Misdemeanor

DRUGS: POSSESS SCH I OR II, Misdemeanor

I completed a 6 week rehab program and since then have not even received a parking ticket. I have no other... View More

James L. Arrasmith
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answered on Sep 3, 2023

Mexico generally allows U.S. tourists to enter without a criminal background check for short visits, but it is within the discretion of the border agents to allow or disallow entry. To minimize issues, make sure you have all required documentation in order, including a valid U.S. passport. If you... View More

2 Answers | Asked in Car Accidents and DUI / DWI for Maryland on
Q: How long after an alcohol related accident can a person be arrested in MD?

No other people or cars were involved. It was in a parking lot.

Scott Scherr
Scott Scherr
answered on Sep 3, 2023

Most people are taken into custody at the scene if they are suspected of a DUI. In some cases, the police officer or hospital takes blood from the suspect who is charged once the results come back. If you have concerns, you should speak to a lawyer in a confidential setting. If the police did not... View More

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2 Answers | Asked in Car Accidents and DUI / DWI for Maryland on
Q: How long after an alcohol related accident can a person be arrested in MD?

No other people or cars were involved. It was in a parking lot.

Terrence M. Nolan
Terrence M. Nolan
answered on Sep 4, 2023

Hello:

I am on vacation and have no books to look this up, however, the state has one (1) year to bring charges for assault and battery and I believe if an officer filed DUI charges in less than a year a Motion to Dismiss on that basis would fail. Now, the State clearly has problems of...
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1 Answer | Asked in Car Accidents and DUI / DWI for Utah on
Q: cited for DUI in Utah and was in a car accident. They claim personal injury months later. Will the charge be enhanced?

Is this separate from the criminal case and will my car insurance pay for it?

T. Augustus Claus
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answered on Sep 1, 2023

In Utah, a DUI charge and a car accident involving personal injury are typically treated as separate legal matters. The DUI charge primarily focuses on factors like blood alcohol content (BAC) and impairment, and the presence of an accident alone may not necessarily enhance the DUI charge itself.... View More

1 Answer | Asked in DUI / DWI and Internet Law for California on
Q: I have old YouTube videos of me doing some illegal activities they are 8 years old could I get charged or in trouble now

I have some old videos on YouTube 8 years old and Iam doing some illegal activities in them , is there somthing like ,”that after a certain amount of time passes I can’t get in trouble” , or or can police find the videos and create a a case? Even tho it was 8 years ago

James L. Arrasmith
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answered on Aug 29, 2023

The statute of limitations for criminal offenses in California varies depending on the type of crime, but some crimes have statutes of limitations that could exceed 8 years. Generally, the clock starts ticking when the crime is committed, although there are exceptions that could extend this period.... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: recently lost my DL due to test results that came back positive, what is the next step to getting my license reinstated?

I was parked in a gas station parking lot when an officer pulled in behind me activating his lights, he claimed he was pulling me over for a loud muffler. I did in fact have an exhaust leak. The officer stated my eyes were red ( explained due to the exhaust leak) he asked me to take a field... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 26, 2023

If police give a person an administrative Notice of Revocation of driver's license, then it's important to file an "implied consent" court challenge to it, within the 60 day time limit (or it will be forever barred). However, most will want to do so ASAP, since the sooner the... View More

2 Answers | Asked in Car Accidents, DUI / DWI and Personal Injury for Washington on
Q: Had a DUI accident a 1yr ago, did a BAC test, and got charged with DUI and Vehicular Assault but haven't been convicted

It's been a year since the accident I had in WA. Told the officer I had 2 glasses of wine, and did a BAC test but the results haven't been released yet. I had a court date a few days after the accident but it got postponed because they were still investigating. I haven't received... View More

Jahnis John Abelite
Jahnis John Abelite
answered on Aug 25, 2023

Your lawyer should be able to investigate the case and request a copy of the police report. The lawyer should also run your name on the JIS system to see if a court case has been filed. You should have requested a DOL DUI hearing from the Washington DOL within seven days of your arrest. You should... View More

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2 Answers | Asked in Car Accidents, DUI / DWI and Personal Injury for Washington on
Q: Had a DUI accident a 1yr ago, did a BAC test, and got charged with DUI and Vehicular Assault but haven't been convicted

It's been a year since the accident I had in WA. Told the officer I had 2 glasses of wine, and did a BAC test but the results haven't been released yet. I had a court date a few days after the accident but it got postponed because they were still investigating. I haven't received... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Aug 28, 2023

You say that you have an attorney so ask that attorney what is happening because he/she will have access to all of the potential evidence. It sounds like there is a blood test that is being processed by the State Tox lab and that takes a long time sometimes so the State is waiting to see what the... View More

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