DUI / DWI Questions & Answers

Q: If a policeman asks me to take a field sobriety test, am I required to comply?

1 Answer | Asked in DUI / DWI for Texas on
Answered on Mar 27, 2017

You are able to refuse to take a sobriety test but there are considerations to take into account when doing so. More on test types and when it may be appropriate to comply or not comply: http://www.justinsparkslaw.com/what-to-know-when-stopped-for-dwi/#field-sobriety-tests
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Q: Officer violated many rights, not guilty, denied jury trial, no attorney given, 14 years later can I take it to court?

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Municipal Law for Georgia on
Answered on Mar 26, 2017

I know of no law allowing any lawsuit 14 years later. The law in every state puts time limits on when litigation must be pursued, and you fit none of the exceptions to allow this out-of-time filing.

William C. Head

Atlanta, GA
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Q: I received a DWI 11 years ago in NJ. If the police officer is now retired will the case be dismissed?

2 Answers | Asked in DUI / DWI for New Jersey on
Answered on Mar 25, 2017

No the case will not be dismissed they will just subpo
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Q: Will my dwi convictions in New York prevent me from obtaining a mass license?

1 Answer | Asked in DUI / DWI for Massachusetts on
Answered on Mar 24, 2017

If the NY matter is not cleared and dismissed, then maybe. See: https://www.massrmv.com/SuspensionsandHearings/Suspensions/OutofStateSuspensionsandRevocations.aspx

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: What am I looking at if I get a notice that I failed to appear in court - I was pulled over for a DUI.

2 Answers | Asked in DUI / DWI for New York on
Answered on Mar 24, 2017

That's a misdemeanor with a possible punishment including minimal jail time and/or a fine. But what are your defenses for the FTA? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: If an inmates work release is revoked due to a reported tampering, should the inmate get a hearing to explain (in VA)?

1 Answer | Asked in DUI / DWI and Civil Rights for Virginia on
Answered on Mar 24, 2017

There is no right to work release and a Virginia court can authorize the Sheriff to allow you into you, but can not order it. Work release is a privilege offered and operated by the individual Sheriff in your jurisdiction. The Sheriff will set any rules and procedures. If the Sheriff determines you no longer qualify for it, then they can remove you from the program.
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Q: If my license was revoked from a dui 9 yrs.ago and i got pull over and got a charge the code is 18.2-272 or dwi-5407- m1

1 Answer | Asked in DUI / DWI for Virginia on
Answered on Mar 24, 2017

A class 1 misdemeanor in Virginia is punishable by up to 12 months in jail and/or a fine up tp $2500. How much time you might actually get depends on the facts and circumstances of your particular case. Do not say anything about your case on here or any other public online forum. Instead you should consult with a local attorney in the jurisdiction where you were charged with this offense. Best of luck to you
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Q: I have the Nj idrc asking me to complete the 16 week outpatient program however I live in Puerto Rico viques .. what wi?

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Constitutional Law for New Jersey on
Answered on Mar 23, 2017

You can ask IRDC for a transfer to another state. Most states have an IRDC program. However I do not know whether IRDC is in Puerto Rico, so you may have to come back to NJ to complete the IRDC
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Q: WhenI goto court..will I get the ball I paid in cash for? It was a bench warrant and it doubled whenit came to my town

2 Answers | Asked in DUI / DWI for New Jersey on
Answered on Mar 23, 2017

In general you will get a money back in the form of a check from the court.
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Q: Will I get my money I paid for my warrant for failure to appear when I go to court? That's what the paper said.

1 Answer | Asked in DUI / DWI for New Jersey on
Answered on Mar 23, 2017

Yes you should get your money after your last required court appearance. However many judges end up giving you a fine for contempt and fess which ends up eating your warrant money so you may not get what you expect.
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Q: 6 yr DWI charge and arrest that was later dropped is STILL haunting my employment prospects. WHEN will this go away?

1 Answer | Asked in Criminal Law, DUI / DWI and Employment Law for Texas on
Answered on Mar 23, 2017

It will never go away by itself because the arrest records are public. However, if all charges related to the arrest were dismissed more than two years ago, then you are probably eligible to file for an expunction. Consult a criminal defense attorney that works in the county where you were arrested. Be sure the person you hire has experience with expunctions because you only have one chance to do it correctly.
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Q: I was arrested & charged w/DWI 6 yrs ago but it was dropped & i wasn't convicted. Y is this still effecting job apps?

2 Answers | Asked in Criminal Law, DUI / DWI and Employment Law for Texas on
Answered on Mar 23, 2017

The fact that you were even arrested is a matter of public record. The only way to get rid of the record is to hire an attorney to prepare and file a petition for expunction. You should be eligible if it was a misdemeanor and dismissed more than 2 years ago. You only get one shot at a proper expunction so be sure to hire someone who really knows what they are doing. The petition must be filed in District Court in the county where you were arrested so it would be best to hire someone from...
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Q: I received a DWI in NJ IN 3/17/2006 but I never went to court for it.

1 Answer | Asked in DUI / DWI for New Jersey on
Answered on Mar 23, 2017

There is quite assuredly a warrant for contempt of court. That needs to be addressed. If thee State has a problem proving charges a dismissal is possible. But the prosecutors office will be very hesitant to dismiss unless it has absolutely no choice.
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Q: What does someone face for their 3rd dui (alcohol). Could house arrest or weekend jail be an option ?

1 Answer | Asked in DUI / DWI for Pennsylvania on
Answered on Mar 23, 2017

Depends on your BAC. The mandatory minimum for a highest tier DUI is a year in jail. It varies from county to county whether its a state sentence or not. I regularly practice in 7 counties and three offer intermediate punishment, 3 offer nothing and rec state. If there was ever a time to have an attorney, now is that time. A good attorney can help with not only where you serve your sentence but let you know if its worth challenging it as well.
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Q: What is the process by which I can get a DWI conviction removed from my record?

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Mar 23, 2017

I am sorry to say there is no method to remove a DUI conviction from your Colorado criminal - traffic history. Colorado law provides that traffic convictions cannot be sealed.. Here is link to the kinds of cases you are allowed to seal - https://www.courts.state.co.us/Self_Help/sealingrecords/
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Q: I got my drivers license back after 30 days dwi revocation. How long should it take for DMV to show I'm good in computer

1 Answer | Asked in DUI / DWI for North Carolina on
Answered on Mar 22, 2017

If 30 days have expired since you were charged with DWI and you have paid your civil revocation fee you should be good to go. Consult with a local DWI attorney who can review your situation in more detail if you have concerns.
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Q: My dad is doing 6m at a state jail for 2 felonies. Is there a chance he won't get deported? After serving his time.

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Texas on
Answered on Mar 22, 2017

It is possible. You haven't really given enough information here to know the likelihood of deportation, either. You should definitely hire an immigration attorney to conduct a more thorough interview to see if any forms of relief are available.
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Q: I have a ticket for DUI. I showed up to court date, but officer didn't file the ticket. What are my options?

1 Answer | Asked in DUI / DWI for Colorado on
Answered on Mar 22, 2017

This is something that you may need to contact a criminal defense lawyer because this is a technical legal issue. There may be case law on this matter and facts of your situation which may change the general rules listed below (which is beyond the scope of Justia's Q&A--hence the potential need to hire an attorney).

This is the issue. For traffic tickets (minor violations) the cut-off should be 1 year to file a ticket (the same rules as a misdemeanor). If the ticket was for a DUI,...
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Q: Do you think I'll be getting chaptered?

1 Answer | Asked in Criminal Law, DUI / DWI and Military Law for District of Columbia on
Answered on Mar 21, 2017

With your youth, relative newness to the Army, and rank - you can expect a harsh Article 15 punishment. Being chaptered is possible, but my experience has been that the Army has invested time and money in you and hopefully they see this as something that's in the past. You need to soldier on smartly, no issues, show up early, stay late, and be seen with the crowd that's good for you. All eyes are on you, so you need to put this behind you if you want to stay in. Losing an Honorable...
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Q: If someone is convicted of a first time DWI in NC, can they obtain a VA license if they move to that state?

1 Answer | Asked in DUI / DWI for North Carolina on
Answered on Mar 21, 2017

Likely not. NC shares license information with VA. It may be possible for you to 'luck out' and get a VA license through some administrative error but you'd likely get caught later down the road and just cause yourself extra grief.
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