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DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Kansas on
Q: Can you be arrested weeks after refusing any testing for Dui in Kansas?

My friend wrecked her car and was taken to hospital by ambulance. Officer came to the hospital to test her for alcohol and she refused. He made sure she understood about losing license and gave her the pink paper He never wrote her a ticket or put her under arrest now she’s hearing she’s going... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jul 28, 2021

Yes---perhaps the law enforcement officer's investigation is only just concluding so until he concludes it, he is not in position to issue a ticket. Please remember, a ticket is only an accusation and the prosecutor would still have to prove beyond a reasonable doubt each and every element... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Kentucky on
Q: Is two years and one month a harsh sentence for a dui, criminal mischief, wanton endangerment, fleeing and evading?

I went to rehab and haven’t been in trouble since it happened almost 2 years ago. This is a first offense. I already took a plea deal but feel that my lawyer did not do his job correctly.

Timothy Denison
Timothy Denison answered on Jul 27, 2021

One would have to review the case file and the specific facts to properly answer this question.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Indicted on first offense drug charge meth Less than 2g and DUI What will they sentence me 60 rehab completed court

Sixty days rehab completed court order

Timothy Denison
Timothy Denison answered on Jul 27, 2021

What is your question?

2 Answers | Asked in DUI / DWI for California on
Q: What sentence will be put upon me for a plea deal for vehicular homicide while also the 3rd dui in 10 yrs ?
Alison Lee Bermant
Alison Lee Bermant answered on Jul 26, 2021

It generally depends on the jurisdiction what the ultimate outcome will be, but it also depends on whether you are charged with gross vehicular manslaughter (which is a 10 year maximum sentence) or regular (which is a 4 year maximum sentence).

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1 Answer | Asked in DUI / DWI for Texas on
Q: I'm currently serving a 10 year probation for a 3rd DWI offense in Houston, TX. I've been offered a job in McAllen, TX

And based on my current situation if I were to accept the job offer would I be able to move to McAllen? Or do I have to remain in Houston until I complete my probation?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 26, 2021

Yes, supervision of your probation will be transferred to the new county of residence.

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Texas on
Q: our lawyer said could only was revoke BF;s bond all his missed court dates due to not being released we dont understand

I don't know the specifics of the cases what I do know is that IN 2019 my boyfriend was charged with a thc vs in Freestone County He was given the option 8 years probation or 10 years, He failed a UA in 2020 for weed and was arrested for a revocation, HIs lawyer bonded him out and came back... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2021

Criminal defense attorneys are not technically required to talk to anyone but the defendant. Cheap or court-appointed attorneys are often too busy to talk to the defendant's loved ones. You could hire a better attorney to replace the existing attorney and perhaps get better customer service... Read more »

1 Answer | Asked in DUI / DWI and Civil Rights for Pennsylvania on
Q: I was wondering if you could get charged for refusing a blood test if you are not placed under arrest

What i am not understanding though, is when I asked the cop if he had a warrant for the blood test he reply was "I could get one but I don't feel like it" How can I be charged with something when I was not even placed under arrest? Also, when he said that he didn't feel like getting a warrant

Ellis B. Klein
Ellis B. Klein answered on Jul 24, 2021

You are definitely going to get charged. When you refuse the test there is an assumption that you were under the influence and you will be charged under the general impairment section of the DUI law. Additionally because he did not take the test the law says that your license will be suspended for... Read more »

2 Answers | Asked in DUI / DWI and Family Law for New York on
Q: My granddaughter’s father was issued a restricted drivers license for a DUI & he is telling me that he can drive w baby

He is having a breathalyzer installed for work & back but said he can drive my 10 week old granddaughter in his car. The baby lives at my home & not with him. I have a working vehicle to take the baby where she needs to go.

Howard E. Knispel
Howard E. Knispel answered on Jul 23, 2021

If his restrictions are to work and back, that is it. He can not drive anywhere else without violating the law.

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2 Answers | Asked in DUI / DWI for California on
Q: I was arrested for a DUI in California on July 4th and DMV is still not showing my arrest/suspension.

On the morning of July 4th, I was pulled over and arrested for a DUI (BAC approx. 0.1, also took blood as well). I was released without a jail stay, but was still given a court date and an APS slip, and was told to contact the DMV regarding the details. I forewent a hearing and instead started... Read more »

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Jul 21, 2021

First, you are not in suspension based on the arrest. Your DUI Suspension begins on the 31st day after the arrest so your legal to drive. It will show up when it goes into suspension. If you want an immediate restriction, and this is a first, get the IID installed, sign up for the alcohol education... Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Illinois on
Q: Last July I missed a DUI-cannabis court date. Now my case status says bench warrant. How do I tackle this?
Dan Nold
Dan Nold answered on Jul 20, 2021

You need to hire an attorney and get a motion to quash on file. Depending on how long ago the warrant was issued, you may currently have a revoked drivers license. Your attorney can help clear that up through this process as well. Then you need to defend or resolve the DUI.

2 Answers | Asked in DUI / DWI, Traffic Tickets and Cannabis & Marijuana Law for Illinois on
Q: I got pulled over for DUI cannabis along with 5 traffic tickets. 4 Months later, I missed courts. I have now 6 warrants.

11 months later, I got into a car accident. Officer gave m a revoked license ticket and a traffic ticket. I know I shouldn’t been driving. How do I go about with the old and new traffic violations. I wasn’t arrested by the officer just An I bond.

John S. Fotopoulos
John S. Fotopoulos answered on Jul 19, 2021

These are serious charges. You should retain the assistance of an attorney as soon as possible.

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1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Texas on
Q: How do you get someone involuntarily committed for substance abuse in Texas?
Grant St Julian III
Grant St Julian III answered on Jul 7, 2021

If you believe this person is a danger to himself/herself or others, you can request an involuntary mental health commitment. This process cannot adequately explained in this forum. Call an attorney in your area. Good luck.

1 Answer | Asked in Car Accidents and DUI / DWI for California on
Q: After an accident can a cop make me take a blood test after submitting to a breathalyzer at the scene? I wasnt arrested.

This is meant to clarify my previous question which Dale S. Gibow was kind enough to answer. Thank you.

I think his answer told me yes because my breathalyzer was voluntary but i wasnt arrested after doing field sobriety tests and breath test. I apologize for not fully comprehending the answer.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jul 5, 2021

If you aren't arrested, there are no legal grounds for requiring a blood test as "implied consent" is triggered upon arrest. If you are arrested, you must consent to a sample of your blood or breath, if you don't the officer can request a search warrant and obtain a sample or... Read more »

2 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: Can an officer make me submit to a blood or urine test after an accident if i passed a breathalyzer in Ca.?

I rear ended a car that was stopped on a dark part of a highway with its lights off in Half Moon Bay (San Mateo county). The other driver just screamed at the top of her lungs until she was in an ambulance. Paramedics told me shes perfectly fine, just in shock. Naturally they suspected i was at... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 3, 2021

the field sobriety tests in California are optional.

the Breath test at the scene is optional.

however, you then have a choice of Breath or Blood, usually at the station or hospital.

California no longer uses Urine testing.

if you refuse that last test, then they can...
Read more »

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1 Answer | Asked in DUI / DWI, Products Liability, Traffic Tickets and Car Accidents for Georgia on
Q: how do i go about getting damages to my vehicle fixed or at least compensated?

If i were the victim in a hit and run accident, and made a police report at the scene and whom they later arrested

P. Charles Scholle
P. Charles Scholle answered on Jun 29, 2021

I’m glad to hear they found the hit and run driver. There should be an amended accident report from the resulting arrest with the driver’s information and their insurance company. You can file a claim against their auto insurance carrier to get compensated for your vehicle and injuries as a... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Employment Law for Tennessee on
Q: i was convicted of a class A misdemeanor (dui) in the state of Tennessee in the year 2019 can i still work at a daycare
Anthony M. Avery
Anthony M. Avery answered on Jun 28, 2021

To my knowledge a DUI Conviction does not affect such employment. If you have some sort of License, and there is a complaint, you might have to deal with that Regulatory Agency.. Tennessee is a Terminate At Will State anyway.

1 Answer | Asked in Car Accidents, Employment Law, Workers' Compensation and DUI / DWI for Florida on
Q: If Recklessness falls into intentional tort, can you sue your employer if you already accepted workers compensation?

There’s ways to get around Workers Comp. If you can prove your case. Are you able to pursue a regular lawsuit instead of settling for worker’s compensation if the driver of the vehicle drug test came back positive for cocaine?

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on Jun 28, 2021

For purposes of this answer I am assuming that the driver that tested positive for cocaine was a coworker for the same company that you are employed with. In some instances you may be able to get around worker compensation immunity if the cocaine use caused the accident. If you did not actively... Read more »

1 Answer | Asked in DUI / DWI for Minnesota on
Q: Found not guilty of dui but still lost license and car isn't that double jeopardy?

By the time she was found not guilty it was passed the time-line for license reinstatement. From what I understand the arresting officer was fired for lying under oath. I believe someone is culpable and she should be made whole. She has suffered tremendously and is still feeling the after effects... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jun 28, 2021

The processes for challenging the license revocation and motor vehicle forfeiture is completely separate from the criminal case. She would've needed to file challenges to the license revocation and to the forfeiture far earlier in the process and this would've been laid out in writing in... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: I got a reckless driving ticket in January but I'm not too sure if I should admit to it in court.

I was doing donuts in an empty cul-de-sac next to a dirt lot at 2am, the CHP office was pretty close by which is how the got me because my car was really loud and the only one on the road at the time. After I had my fun I start heading home and drove past the office, I see a cop car waiting for me... Read more »

John Karas
John Karas answered on Jun 28, 2021

The expired tags and no insurance can be added after the fact to the criminal complaint filed by the DA's office but they are infractions and easily correctable ($25 fix it ticket.).

The reckless driving will count 2 points against your record with the DMV just like a DUI....
Read more »

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