DUI / DWI Questions & Answers

Q: My 17 year old son was arrested October 14th for a DUI with marijuana. How long do we have to wait for a court date.

1 Answer | Asked in DUI / DWI for Oregon on
Answered on Nov 18, 2017

If there was no date on the citation (or no citation at all) there will like be no court date until the court receives charges from the city or county prosecutor’s office. The court would then create the case in their system and set a first date for your son to appear.

So, to answer your question, it could be several weeks or months and as much as two years from the incident date that charges are filed. In the meantime he should plan for the worst and hope for the best....
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Q: My father wants to see how he can obtain a green card, has been in the us about 20 yrs. Had 3 dui's but served his time.

2 Answers | Asked in DUI / DWI and Immigration Law for California on
Answered on Nov 17, 2017

you need to ask this of an immigration lawyer not a criminal lawyer.

reading between the lines he had multiple DUI's and did not pay fines..............thus there would be a bench warrant out for his arrest. They would probably not go to his home to arrest him but if he has a BW then if he gets stopped for ANY reason and they run him for wants and warrants he will come up and i suspect they would put him in custody..............with Trumps new policies i am not sure what that will...
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Q: What does it take to get your license back in Michigan from a dui received over 10 years ago? Lawyer recommendation?

1 Answer | Asked in DUI / DWI for Michigan on
Answered on Nov 17, 2017

To get your license back you will have to go through a demanding process. You must have long term abstinence from alcohol, and a commitment to lifetime abstinence. That means no drinking or illicit drugs, whatsoever. You must have letters of support from your friends and family that must include certain topics, you must have a professional substance abuse evaluation, do a ten panel urine test for substances, complete the Form SOS 257, and testify at a hearing. There are instructions on the...
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Q: 20yearold DWI, .08, never pled guilty. never been in trouble with the law. whats the first step? I need my license

1 Answer | Asked in DUI / DWI for North Carolina on
Answered on Nov 15, 2017

Basically you should not have even been drinking. You need an experienced DWI attorney - there's really no way around it. Best of luck.
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Q: What would be the penality for being on a deferred sentence and getting a DUI?

1 Answer | Asked in DUI / DWI, Criminal Law and Traffic Tickets for New Jersey on
Answered on Nov 15, 2017

You need to ask his Oklahoma lawyer as he will know the penalties for his violation if any that a DWI will cause because with a refusal you have to assume the worst and that he will lose.
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Q: How do I obtain a copy of the actual traffic tickets issued to a driver who hit, killed, my sister and did not report.

1 Answer | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Arizona on
Answered on Nov 14, 2017

You can make a public records request. If a crash report was drafted, it is usually available to the public upon request upon paying a small fee. Some jurisdictions allow you to get the crash report online if you know information related to the accident such as the incident number. You can typically find the information for the law enforcement records department online about how to get the report.

I am sorry for your loss.
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Q: Should I answer yes or no to this question

1 Answer | Asked in DUI / DWI for New York on
Answered on Nov 14, 2017

If the charge was reduced to a DWAI violation (VTL section 1192.1), that is not a criminal conviction. So if you plead guilty to the violation, you can answer no to that question.
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Q: If you never leave private property where people are not expected can you get a dui

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Nov 14, 2017

No. The Tennessee DUI law is limited to driving on a public road or a place which is generally frequented by the public, such as a shopping center or apartment complex.
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Q: How long a bench warrant for a misdomienor FTA last? Every website I go to say 180 ( 6 months ) Is that correct?

1 Answer | Asked in DUI / DWI for Indiana on
Answered on Nov 13, 2017

An original warrant will last for 180 days then the prosecutor can renew. However, a warrant for FTA does not expire and can be served many years later. If you have an FTA warrant you should contact a local attorney who may be able to see about getting the warrant recalled.
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Q: I was wondering if my old DUI ticket in Arkansas has a statute of limitations even though I have paid the fine.

1 Answer | Asked in DUI / DWI for Arkansas on
Answered on Nov 12, 2017

Depends on the reasons why they suspended it or are still suspending it.

Have you paid the reinstatement fee? Have you taken the classes? Have you complied with everything else the court wanted you to do?
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Q: i have a question regarding a fine imposed as a result of a conviction 12 years ago.

1 Answer | Asked in DUI / DWI and Collections for California on
Answered on Nov 10, 2017

you need to talk to a San Bernardino lawyer with experience and connections...............it is possible a SERNA motion would prevail.

a lawyer would need more facts.

if a fine has not been paid that should have resulted in a Bench Warrant........but you say case not on record..........

maybe that is only as to DMV but not court.
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Q: My brother was just sentenced to 9 yrs on 11/7/17 for a class 2 felony dui with methamphetamines found ? Appeal ?

1 Answer | Asked in Appeals / Appellate Law and DUI / DWI for Illinois on
Answered on Nov 8, 2017

I would be looking for a DUI lawyer in Peoria but if you expect to retain a private attorney on a complicated case such as this one, you must be prepared for him or her to request a substantial retainer.
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Q: Can you please explain and give a general opinion on what I should do.

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Federal Crimes for New Jersey on
Answered on Nov 8, 2017

Here we go:

2c:29-1A. : Obstructing Administration of Law. Either 4th degree crime or disorderly persons

2c:36-2. Possession with Intent to Use (Disorderly persons)

2c:35-10a (1) and 4). Possession of a Schedule 1-4 drug and a possession of 50 grams of Marijuana (3rd degree and disorderly persons)

2c:35-10a (1). Possession of 1-4 Drug (this is a 3rd degree crime)

What do you feel the outcome is going to be?

Do you think he could get any of them...
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Q: Can I still get a DUI if my BAC is under the legal limit?

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Nov 7, 2017

Yes if you had enough bad facts --- accident, terrible field sobrieties, etc. It is fact specific.
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Q: Are there any repercussions for refusing to take a chemical test?

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Nov 7, 2017

Yes: IF reasonable grounds for the stop were show and the refusal wasn't based on something impermissible like the officer telling you to sign a form and you could leave, then this is likely a case where your license is automatically suspended based on the refusal. If you have a CDL, you will lose your CDL for a refusal if it was a reasonable grounds stop. The likely result for non-CDL holders is that you have to have the interlock installed in your vehicle for one year to continue driving....
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Q: If I get convicted with a DUI, will I have automatic jail time or is there a way to negotiate to just pay a fine?

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Nov 7, 2017

It isn't automatic jail time - is discretion of the court, but it depends on a lot of factors like whether this is your first time DUI or whether this is a multiple and whether there was an accident and people were hurt.
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Q: If I was pulled over for swerving lanes but my breathalyzer results were under the legal limit, can I still be arrested

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Nov 7, 2017

Yes, but at that time it is an officer discretion situation. If the officer smells alcohol on your breath, probably this will kick in the field sobriety tests. It will depend on how you perform on those, also what you blow score is on the PBT. If it is, say .07, you are almost DUI level. An officer can arrest you on DWI the lesser charge in MD, on a lower blow than .08 and depending on the other results of tests and observations. Also the officer may treat this as a possible drug...
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Q: Can you get a dui if you were not caught red handed driving the vehicle

1 Answer | Asked in DUI / DWI for North Carolina on
Answered on Nov 5, 2017

In NC it is DWI and yes, you can be charged with DWI without being caught behind the wheel. The classic scenario is a wreck where the driver has left the scene..
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Q: Husband got into drunk driving accident and totaled the car. He got a citation and no registration, or Insurance Plus

1 Answer | Asked in Car Accidents and DUI / DWI for Indiana on
Answered on Nov 5, 2017

STOP posting admissions online. Consult a local traffic attorney. You are both responsible for all property damage and personal injury that resulted.
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Q: I went to court for a traffic violation. I pleaded not guilty. The traffic violation date was reset for trial . After I

1 Answer | Asked in DUI / DWI and Traffic Tickets for Arkansas on
Answered on Nov 4, 2017

You have not provided enough details for anyone to answer this question. The only way a lawyer could answer any of this is if you hired him to go talk to the prosecutor.
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