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My friend was involved in a head-on car accident in August 2003 and was charged with a DUI, which later changed to Vehicle Assault DUI at the hospital. The case went under investigation, and we were waiting for blood sample results from the state, which took over a year. Despite the case supposedly... View More 
answered on Mar 24, 2025
2003? Or 2023?
I would have a lawyer handle it if I were the friend. You want them to be able to investigate and find out where the case is, but not in any kind of way that might make his situation worse. It's certainly possible that sample is still at the lab for testing, or that the... View More
I am scheduled for my first court appearance next week for a DUI, hit and run, and failure to maintain lane charges. I received a notice saying the case will be called for a Motion to Nolle Prosequi, and I have the option to waive my appearance. What does this motion mean for my case, and what... View More
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answered on Mar 24, 2025
A "Motion to Nolle Prosequi" is the fancy legal term for the state moving to dismiss your case. It means that they don't intend to pursue the charges against you. They have to put it down for hearing, because it gives you the opportunity to object if you wanted to (for some reason.)... View More
In November 2018, I was charged with a DWI 1st in Virginia and soon after was admitted into a mental health facility for bipolar depression and anxiety. I was unable to attend my scheduled court date and was subsequently charged with Failure to Appear; there is now an outstanding bench warrant. I... View More
answered on Mar 16, 2025
You’ll need to come back to Virginia to turn yourself in to start the process. A local DUI attorney will be able to do a full evaluation of your case, but nobody can tell you whether or not you’ll get jail time. You’re definitely looking at active jail time for a DUI and a failure to appear... View More
In November 2018, I was charged with a DWI 1st in Virginia and soon after was admitted into a mental health facility for bipolar depression and anxiety. I was unable to attend my scheduled court date and was subsequently charged with Failure to Appear; there is now an outstanding bench warrant. I... View More
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answered on Mar 16, 2025
I would certainly gather documentation showing the admission to and discharge from the facility. It would also be wise to consult with an attorney who practices regularly in the jurisdiction where this all occurred. They might be able to give you some insights into the standard penalties for the... View More
I was charged with a DWI in New York and have three prior DWI convictions, all from more than ten years ago within the state. What is the maximum punishment I might face for this recent charge?
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answered on Mar 11, 2025
In New York, driving while intoxicated (DWI) is taken very seriously, especially when the individual has prior DWI convictions. Since you have three prior DWI convictions, your recent charge will likely be classified as a felony under New York State law, specifically as a Class D felony charge for... View More
What will the penalty be for a DUI in Indiana if there is a prior DUI from another state four years ago, and the current charge has been upgraded to a Class 6 felony for an unknown reason?
answered on Mar 11, 2025
If you are arrested for and OWI and have a previous conviction within 7 years in IN or out of state and the out of state conviction offense is substantially similar to an IN offense, then the new OWI can be filed as an F6 felony. This has a penalty range of 6 months to 2 1/2 years in jail and up... View More
Also when will the person get their license in order to drive legally with the interlock system?
answered on Mar 10, 2025
If a person gets convicted of a DWI and has a prior conviction within 7 years of the offense date or there was a minor (under 18) in the vehicle at the time of the offense or was suspended for a prior DWI or was in an accident causing serious injury or death, then they will be sentenced at level... View More
I have a convicted DWI charge in Texas, and I have received a job offer from Charles Schwab for a Software Development Engineering in Test (SDET) position. Charles Schwab has requested my court disposition. I'm concerned about whether they can rescind the job offer based on my DWI conviction.... View More
answered on Mar 4, 2025
Assuming the job offer is for here in Texas, the deal is that since we are what's called a "right to work" state, the Schwab job offer can be rescinded with or without reference to your DWI conviction.
Now if this job offer was reduced to a written contract between you and... View More
I have a convicted DWI charge in Texas, and I have received a job offer from Charles Schwab for a Software Development Engineering in Test (SDET) position. Charles Schwab has requested my court disposition. I'm concerned about whether they can rescind the job offer based on my DWI conviction.... View More
answered on Mar 6, 2025
It depends on your race and ethnicity and what your essential job functions will be. An employer may use an applicant's criminal history in making hiring decisions only if that history is relevant to an essential job function. For example, if part of your job involves travelling or operating... View More
I am currently 8 months into a one-year probation for a DUI in Travis County, Texas, with a scheduled completion date of June 26th. I've completed all conditions of my probation and have consistently had clean reports. My probation officer considers me "low risk," and we conduct our... View More
answered on Mar 4, 2025
It is rare to see an early termination when someone gets only 1 year of probation on a DWI.
You would need your PO to join your application for early termination. If you get him to say yes. Get it in writing, then file a motion to terminate with the court. It would help if there was a... View More
I was in an accident in New Jersey, hospitalized, and received my first DUI. My ethanol level was reported as 51.6 from the hospital. The accident happened around 4:26 AM. Was I within the legal limit to operate a vehicle? What should I expect next in the process?
answered on Mar 4, 2025
Your ethanol level needs to be convereted to BAC level which is generally on the lab work. The DWI limit is .08 but you can still get a DWI even with a lower level than the limit as the limit is only a presumption that your driving ability was impaired by alcohol. Definately get a lawyer to... View More
I was in an accident in New Jersey, hospitalized, and received my first DUI. My ethanol level was reported as 51.6 from the hospital. The accident happened around 4:26 AM. Was I within the legal limit to operate a vehicle? What should I expect next in the process?
answered on Mar 5, 2025
Based on your reported ethanol level, it’s likely that you were over the legal limit in New Jersey, where the per se limit for DUI is 0.08% BAC. However, various factors can impact your case, including hospital testing procedures and legal defenses. You may face DUI charges, potential license... View More
I was in an accident in New Jersey, hospitalized, and received my first DUI. My ethanol level was reported as 51.6 from the hospital. The accident happened around 4:26 AM. Was I within the legal limit to operate a vehicle? What should I expect next in the process?
answered on Mar 6, 2025
I'm sorry about your accident. I hope all involved are okay. Aside from the criminal defense aspects that my colleagues address, there is the issue of possible claims if another vehicle was involved or if property damage was involved. Therefore, it would be advisable to consider placing your... View More
Possession and paraphernalia of thc. In Nebraska, I live in Missouri.
Since it’s only a final offense for the first charge, they do not run a diversion program in the county it was Charged It subsequences can result in jail time. Am I eligible for a Court appointed attorney? And if so,... View More
answered on Mar 2, 2025
I'm not sure I completely understand your question. I think you are charged with possession of marijuana and paraphernalia. It also appears that this is your first offense in Nebraska.
Under Nebraska Revised Statute 28-416(13), possession of less than one ounce of marijuana is an... View More
Possession and paraphernalia of thc. In Nebraska, I live in Missouri.
Since it’s only a final offense for the first charge, they do not run a diversion program in the county it was Charged It subsequences can result in jail time. Am I eligible for a Court appointed attorney? And if so,... View More
answered on Mar 3, 2025
Marijuana under an ounce is an infraction and fine. Same for paraphernalia. They do not appoint free public counsel unless you're facing jail time. Make an offer to plead guilty to one and they may drop the other. Then just pay the fine. You can ask it get set aside in 3 years. Probably... View More
I am facing a charge of Felony Serious Injury by Vehicle in North Carolina after a car accident in which the person I crashed into fractured both of her wrists. The incident involved DUI on my part, but I don't believe the injuries warrant such a serious charge. I am not satisfied with my... View More
answered on Mar 2, 2025
That's bizarre. Many people get court-appointed lawyers at first and then hire their own counsel once they have time to raise funds to do so. I'm not sure why any attorney who wants to make money would hesitate to talk to someone represented by a court-appointed one.
That said,... View More
I was charged with an OUI and have completed all the necessary programs, including DEEP in August 2023, IOP in May 2024, and 14 one-hour sessions from June to September 2024. I also completed the required 150-day suspension period and paid the fine last year. With these conditions met, is this... View More
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answered on Mar 2, 2025
In order to be reinstated, you need serve the suspension period, complete DEEP and any recommended counseling, and pay a $50 reinstatement fee to the BMV. It sounds like you have completed everything and need to pay the reinstatement fee. You can pay the reinstatement fee online at:... View More
I am planning to travel to Medellin, Colombia, but I have a DUI case pending with a court date two months away. I have not received any specific travel restrictions or instructions from the court regarding international travel. Can I travel internationally under these circumstances?
answered on Feb 26, 2025
This isn't a straightforward answer of simply yes or no.
Were you released on bail? If so, nearly every bail agreement contains language prohibiting leaving the State of California. If that is the case, you will need permission from your bail agent to take this trip. Without that, you... View More
I received my first DWI in March of last year in Texas with a low BAC and no associated accidents or injuries. I was given Deferred Adjudication for 9 months, attended a Victims Panel, completed a DWI Course, and did volunteer work as required. I have an IID installed, with no violations, and have... View More
answered on Feb 24, 2025
The easy answer is you can have your probation transferred, but you need to start with NH. You need to contact the County probation office, and get a contact person there, and all the details about contacting the NH probation office.
Once you have contacted NH, then+you tell your PO in TX... View More
I'm currently on a 12-month probation with a mandatory interlock device requirement for the first 6 months, which started last month. Recently, I received a letter notifying me of a potential license cancellation, scheduled for 03/08/2025. I checked the DPS website for more details and have... View More
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answered on Feb 24, 2025
The good news is that you have done all that you need to do at this time. What you described is common. Once a court order is entered, saying that you are required to have an interlock installed in your vehicle, a copy of that order is sent to DPS in Austin, who then sends you the notice of... View More
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