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DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Arizona on
Q: I'm trying to educated my 17 year old daughter of the legal consequences of driving while high on marijuana.

But I can't find any exact information, everything refers to alcohol. I would like to know about jail time, licence suspension, fines. For both her as a minor and her parent.

Matthew Maerowitz
Matthew Maerowitz answered on Oct 16, 2019

Great place to look is Chapter 4, Title 28 of the Arizona Revised Statutes. It's available online to the public at https://www.azleg.gov/arsDetail/?title=28

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: While acquiring a TX driver's license I was informed OK and MD had "flags" on me--how can I find out what they are?

These incidents must go back to the mid-1990's--so did not impact my ability to get licensed in TX; but I'll be travelling regularly to OK--and don't relish an unpleasant surprise from a routine traffic stop.

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 15, 2019

Contact attorneys from OK and MD... ideally in the same counties where you most likely accused of a crime.

1 Answer | Asked in DUI / DWI for Colorado on
Q: Can I be pulled over for having a quarter sized hole in my tail light?
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Oct 12, 2019

In my opinion yes. The traffic offense is called “defective vehicle” and it can be the basis for a traffic stop as a rear light cannot be broken.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Was charged with aggravated dui and evading on July 2. Case still pending so can I get restricted lisence till trial?

Was sitting in parking lot when cop arrived pulled over to him to explain. Gave eye test with me seated in car. Requested breath test but cop said no. Refused to tell me his name and even hid name tag

Timothy Denison
Timothy Denison answered on Oct 9, 2019

You should get your license back on or about November 2, 2019, after the 120 pretrial suspension expires.

1 Answer | Asked in DUI / DWI and Constitutional Law for Arizona on
Q: My husband was just picked up on a warrant for an aggravated DUI that he did not even know about.

Arizona. Advice please.

What is statue of limitations?

Matthew Maerowitz
Matthew Maerowitz answered on Oct 9, 2019

There was likely a medical blood draw that was used by police to determine the presence of alcohol and/or drugs. Normally a single vehicle collision on its own will not be sufficient to be allege the DUI as aggravated so more information would be needed. The best advice I can give is to consult a... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Florida on
Q: My fiance violated his pre trial release by getting arrested for a DUI. That was a month ago and the charges

haven’t been for the DUI yet. He was wrongfully arrested. I filed a complaint with internal affairs against the arresting officers at my local sheriffs stations and I also reported it to the Department of justice and the State attorneys office. What happens now? Will this be useful to reinstate... Read more »

Gary Kollin
Gary Kollin answered on Oct 8, 2019

I do not know what you believe happened that you believe h was wrongfully arrested.

The Department of Justice is not going to get involved.

The suggestion: Retain counsel

1 Answer | Asked in DUI / DWI for Florida on
Q: I was wrongfully arrested for dui. What should I do?
Corey I. Cohen
Corey I. Cohen answered on Oct 8, 2019

Hire a lawyer to expose the cops for liars if you were not dui.

1 Answer | Asked in Criminal Law and DUI / DWI for Virginia on
Q: what usually happens when charged with driving revoked (dui related) first offense
Shemeka C Hankins
Shemeka C Hankins answered on Oct 8, 2019

The answer truly is it depends. The facts from your underlying DUI will come into play, along with the facts of this offense. It is a class one misdemeanor and you can be sentenced to up to 12mos in jail and up to a $2500 fine. If you had a good behavior period on your underlying DUI, this could... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: What are sentencing possibilities for this situation?

My son got 3 DUI's and did a 3yr term.he has been driving on a suspended license and he was pulled over, his buddy had thrown his cigarette out the window, which got him pulled over. He had a beer earlier he blew 0.08 which is the legal limit but,the DA is trying to give him another DUI, and since... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 7, 2019

much more info needed.

he should ask this question to his private lawyer or the court-appointed lawyer.

s/he will have his record, year of convictions, and know what the local court and DA will do with a case like that.

anything is possible but the more DUI's the worst it...
Read more »

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: If I have a dui/ child neglect charge is that a Misdemeanor or felony
Anthony M. Avery
Anthony M. Avery answered on Oct 7, 2019

It could be either or both. A lawyer would need to read your Warrants, and then possibly look up the Statutes.

3 Answers | Asked in DUI / DWI for California on
Q: 3 priors, sentenced ,& now blew 0.08. wondering what he looking at for sentencing WithNo tolerance law,

Could this be dropped to wet/reckless?

Dale S. Gribow
Dale S. Gribow answered on Oct 6, 2019

much more info is needed.

what you are doing is like asking a doctor to diagnose a condition without history, blood tests, imaging etc

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2 Answers | Asked in DUI / DWI for California on
Q: Can I get a pro bono lawyer on a dui charge??

I'm unemployed, can't afford to post bail or a lawyer.I don't think s public defender will have time to give.to my case, there's some issues with arrest. 1,I wasn't stopped, I was parked, had.blood test done hours after arrest ,some others

Dale S. Gribow
Dale S. Gribow answered on Oct 6, 2019

YES

as long as you can't afford a lawyer the court will appoint the public defender to represent you.

as a rule, they are a LOT better than a CHEAP lawyer that you may find...often better than an expensive lawyer too

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: My son who doesn’t live in knoxville has a dui charge there. He has a warrant now bc he wasn’t there for court. What now

He is a recovering addict, he needed to get out of Knoxville to change his life for the better or he was going to die. He’s been in trouble before but completed his probation. The dui is from him OD in the car. How can he straighten this up living in another state? He doesn’t have the money to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 4, 2019

He will have to come back to Knox County to face the DUI Charge. I assume it is still at General Sessions. At Court the Warrant would have to be brought in (since he is not on the Docket), him arrested and booked, Bond set and hopefully made (so he could get out of jail), then him and the lawyer... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: Hi my name is Gary Whiteside. I live in Texas. My son is facing a DWI charges in we can't afford the money for a attorne
Wessley Ball
Wessley Ball answered on Oct 3, 2019

At some point he will appear before a Judge or Magistrate. In most counties, they are set up to ask the person if they have sufficient financial ability to retain counsel or if they are requesting court appointed counsel. If your son requests appointed counsel, they may screen his financial... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I received a 2nd Dui general impairment did 5 days in jail paid $2500.00, driving school, assessment, and community

Service. Why does my letter say 18 months

I turned my license in early May of 2018

But I'm eligible to get them back May of 2020

Why 18 months and why 2 years

It should have been 12 months suspension which should be done and over

Cary B. Hall
Cary B. Hall answered on Oct 2, 2019

Your PennDOT Restoration Rights Letter should tell you all about your suspensions and when you're eligible to have your driving privileges restored. A 2nd DUI carries an 18 month license suspension. Perhaps you had an additional suspension for something else for another 6 months? Check the... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I have been charged with a DUI in Tennessee and I have some questions

What is the fines and punishment of 1st offense DUI

Anthony M. Avery
Anthony M. Avery answered on Oct 2, 2019

Initially at least 48 hours of jail, DUI School, License Revocation, at least a $ 350 Fine, and other requirements and Costs. Usually the cheapest part is hiring a competent attorney, as there may be defenses or the damage control might be significant. But be aware, few lawyers will really... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: Found 'Not Guilty' for DWI in Texas, how do I have my record expunged?

My sister was found not guilty by a jury about 3 weeks ago. The judge actually commented that she never should've been arrested in the first place (officer knew NOTHING about the tests he scored her by), and after the verdict he told her she had 30 days to have her record expunged free of charge.... Read more »

Grant St Julian III
Grant St Julian III answered on Oct 2, 2019

A petition for expunction must be filed. Once the petition is granted, law enforcement and governmental agencies are instructed to destroy all records of the matter. Right now, if a background check is performed on your sister, her DWI case would appear, albeit it would show as dismissed. After... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Federal Crimes for Georgia on
Q: Would a dirty needle be considered Transportation of etiologic agent?
Joshua Schiffer
Joshua Schiffer answered on Oct 1, 2019

Novel question. Could be, with the right facts and evidence of intent. Would depend on the perspective of the Indicting DA.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: I was convicted DWI for I was ordered to pay a fine of $5,000 or by default what does default mean
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 1, 2019

I don't think you are getting this correct. Call your public defender or the private attorney that represented you.

3 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for California on
Q: When you are a victim of hit-n-run and you I D the other car but no "injury" why is that only a misd?

Victim- good driver

Suspect- drunk driver gets away

Vehicle- total loss

William John Light
William John Light answered on Oct 1, 2019

Hit and run with property damage only is a misdemeanor by statute. Vehicle Code section 20002(d).

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