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DUI / DWI Questions & Answers

2 Answers | Asked in DUI / DWI for California on

Q: good morning, I am currently fighting a dui, by myself, taking it to trial on the basis that the ALCOHOL PREP PAD that

the nurse used, heavily I might add, on my arm PRIOR and immediately before piercing alcohol soaked area w/syringe & drawing blood. now. can I have a test done to where I go have my blood drawn twice, one in each arm, and one w/alcohol pad & the other w/o. AND take the astonishing 27 days before... Read more »

Mr. Hudson Thomas Bair answered on Jun 24, 2019

Assuming an alcohol swab was used to clean the site (usually they don't use an alcohol swab) you will need to contact a forensic toxicologist who has a lab or has a relationship with a lab to conduct the experiment. Of course, just because you create such an experiment doesn't mean a judge will... Read more »

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1 Answer | Asked in DUI / DWI for California on

Q: Statutory DUI laws prior to 2009 in California.

July 2009 is when Calif courts reliquished controll or juristiction to DMV on all DUI enforment of statutory laws. Prior to that the Judge decided all aspects like school, interlock dev. Ect. DMV now says it has jurisdiction over cases even prior to 2009. Ex Post Facto comes to mind. Is this true?

Mr. Hudson Thomas Bair answered on Jun 23, 2019

The DMV has always had jurisdiction over licensing matters, nothing changed in 2009.

1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on

Q: I had an accident and was transported to the hospital 6 months later I was picked up warrant for not showing up for

For court. The charge was DUI other but I wasn't tested, wasn't charged, booked in or etc. Was automatically found guilty when I missed court I knew nothing about what can I do.

Arthur Calderon answered on Jun 22, 2019

You need to contact a criminal defense lawyer ASAP, so that he or she can try and get the conviction overturns and force the prosecutor to start from scratch. Most lawyers on here, including myself, offer free consultations to see how we can help; however, you need to reach out to someone sooner... Read more »

1 Answer | Asked in DUI / DWI for Mississippi on

Q: Can a portable breathalyzer reading be used as evidence in court?

Arthur Calderon answered on Jun 22, 2019

Typically no, as it is only used for establishing probable cause to make an arrest based on a DUI.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Pennsylvania on

Q: Why did I get 2 suspensions? Am I still eligible for ILL?

I had a DUI back in December I am in the ARD program and plan to apply for the interlock limited license. Why did I receive 2 license suspensions from the DMV? One of the letters said suspended for 1 year for driving while suspended 1543A. The other is the 2 month ARD program suspension. Does this... Read more »

Cary B. Hall answered on Jun 21, 2019

Yes, it sounds like you have two suspensions - and PennDOT runs them consecutively, not concurrently (meaning 1 year + 2 months = 14 months suspension for you). Best way to confirm is to get your Restoration Rights Letter online at https://www.dot3e.penndot.gov/driver_services/dllogin.jsp. You... Read more »

1 Answer | Asked in DUI / DWI for Georgia on

Q: Is the defendant allowed access to test results prior to court date involving a DUI charge in the state of Tennesse?

Michael D. Barber Jr. answered on Jun 20, 2019

You will need to post this question in a Tennessee "ask a lawyer" section instead of Georgia. If it was Georgia, the only way to get test results that the officer does not give to you is through the discovery process.

1 Answer | Asked in Divorce, DUI / DWI and Family Law for Ohio on

Q: My stepson recently informed us that his mother drove drunk with him in the car. What is our best course of action?

My stepson is 13 and they were at a park for a party. His mother reportedly had been drinking, and then proceeded to drive home. Prior to leaving the park, she drove into a tree, as well, and her husband continued to allow her to drive home. My stepson advised that he was very scared, and my... Read more »

Joseph Jaap answered on Jun 19, 2019

The first step would be to talk to her about it. Does she have a problem? Is she alcoholic? Would her husband deny what your stepson says? Was an insurance claim filed for hitting the tree? If so, if you file with the court for a change in custody, and you could get a copy of that. Use the... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Louisiana on

Q: 14:99 wreckless operation and 14:98.1 dwi first offense Arrest from the same event, does this become a felony or ?

I was arrested for these offenses also was in a vehicular accident, I’m curious on what the minimum charges could become when my court date arrives , the even took place in St. John Parish , Louisiana.

Ellen Cronin Badeaux answered on Jun 18, 2019

This stays a misdemeanor. If you plead or are found guilty, you will have safe driving class, substance abuse assessment, 48 hrs community service, fine, court costs, ignition device.

1 Answer | Asked in DUI / DWI for Texas on

Q: Can I withdraw my open plea if I feel misrepresented

Grant St Julian III answered on Jun 17, 2019

More information is needed. Has sentence been entered? It MAY be possible to file a motion for new trial, but there are time limitations. Get with an attorney ASAP. Good luck.

1 Answer | Asked in DUI / DWI for Tennessee on

Q: I was cited w/ Simple Poss. of marijuana on my boat but it wasn't mine and I don't smoke. Should I hire an attorney?

TWRA boarded my boat because (they said) we were shuffling around, but the citation says they could smell pot, they never told us they could smell anything. There was a one hitter with marijuana residue in it, in a ziplock bag, in a bag then in a big bag sitting in front of me so. What kind of... Read more »

Anthony M. Avery answered on Jun 17, 2019

It sounds like the TWRA Officer left you off easy. It would be advisable to hire a competent attorney to get the charge Diverted, Dismissed and Expunged. Otherwise, whether it is a conviction or not, the background check will look like you are an addict and/or/dealer.

6 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Personal Injury for California on

Q: Dui accident on 06/13/19 , charged with involuntary vehicular manslaughter/ great bodily injury in,San Bernardino county

Accident was caused by , the negligence of a semi truck driver makeing a sudden illegal u-turn .

Clearly marked "NO U-TURNS"!

In a marked 50 mph zone.

William John Light answered on Jun 16, 2019

There could be a personal injury claim arising out of this for the decedent and any injured. Consult with a PI attorney.

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3 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for California on

Q: Pro bono ?

Dui (drugs) / great bodily injury/ involuntary vehicular manslaugther.

Pro bono attorney in San Bernardino , Ca.

William John Light answered on Jun 16, 2019

Get a public defender. If you want a private attorney, you will have to pay, and for those charges, it isn't cheap. Time to call on your family and friends to chip in.

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1 Answer | Asked in Traffic Tickets and DUI / DWI for Georgia on

Q: State of GA has GA CODE 40-2-136 warning and I cannot be issued a temp of license plate how do I resolve this issue?

I did not have any vehicle's registered to me at the time of the conviction.

Michael D. Barber Jr. answered on Jun 15, 2019

Generally this code section involves a number of charges for DUI resulting in a suspension of your license plates. Without knowing more about your previous charges it would be difficult to answer. The bottom line however is that you may be able to get a probationary driving license and then get a... Read more »

1 Answer | Asked in Traffic Tickets and DUI / DWI for Georgia on

Q: I got pulled over and arrested for speeding and possesion of less than an ounce of marijuana. Will I lose my CDL?

Michael D. Barber Jr. answered on Jun 15, 2019

What speed were you traveling and what was the speed limit? Those have a lot to do with the answer to your question in relationship to points that you can get awarded which would affect your CDL. Technically the Marijana shouldn't affect your CDL but you will still want to try and keep it off your... Read more »

1 Answer | Asked in DUI / DWI for Georgia on

Q: How would I go about getting someone out of jail on a probationary hold

Michael D. Barber Jr. answered on Jun 15, 2019

If someone is in jail on a probationary hold you will have to find out what the hold is for AND then take care of that matter.

1 Answer | Asked in DUI / DWI for Louisiana on

Q: Underage DWI in Louisiana.

I am 20 years old, I got pulled over swerving all over the road and filed the FST and my BAC was like a .137 . I made bond pretty fast and I’m worried they are gonna give me jail time. Is there a good chance they give me jail time?

Ellen Cronin Badeaux answered on Jun 13, 2019

Depends on if it was your first, second or third and whether you have priors. Hire a criminal attorney now.

2 Answers | Asked in DUI / DWI for California on

Q: What is the process of getting your drivers license back after being revoked. Lived in Illinois now in Texas.

yes this was a DUI. person served time in jail and prison, met his drug and alcohol classes been off parole for 2 years. Needs his

license for work. Currently walking to work. Where do we begin?

Thank you

Mr. Hudson Thomas Bair answered on Jun 13, 2019

Assuming your DUI conviction and license suspension is based on an incident in CA, you need to call California DMV Mandatory Actions Unit (1.916.657.6525) and ask them how to reinstate your CA driving privilege (if you had a non-CA drivers license) or get your CA license reinstated,

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1 Answer | Asked in DUI / DWI for Louisiana on

Q: What's the difference between the Pre-Trial Diversion program for 1st offense DUI in LA vs. pleading under Article 894?

Upon receiving all of the discovery documentation regarding my 1st offense DUI arrest, my "attorney" concluded that he would not be able to get my DUI charge dismissed or reduced, therefore, my only option other than pleading guilty to the charges was to enroll in the DUI Pre-Trial Diversion... Read more »

Ellen Cronin Badeaux answered on Jun 12, 2019

For 894 you plead guilty, then complete probation, including community service, probation supervision fee, safe driving class, substance abuse assessment & ignition interlock. Then your attorney has to file a Motion to Expunge the conviction, for which the Parish charges a big fat fee, and make... Read more »

1 Answer | Asked in Car Accidents, Criminal Law, Personal Injury and DUI / DWI on

Q: If a person was driving a car and he got into an accident. Passenger passed away and now driving is facing many charges.

The driver escaped from USA and now he’s in his home country. He has many charges on him. Will USA be able to extradite him from other countries? The driver never appeared in court.

Charges:

1)Driving so as to endanger, Resulting in death

2)Driving so as to endanger... Read more »

Peter N. Munsing answered on Jun 12, 2019

The estate of the passenger should contact a member of the Trial Lawyer's Assn/Assn for Justice for the state where it happened.

1 Answer | Asked in DUI / DWI for South Carolina on

Q: How can you find a lawyer who won’t take advantage of you, especially if you are in your 70s, and sober 29 years?

Friend was arrested for DUI, however she is sober 29 years. She’s in her 70’s, she was driving recklessly for her, because she was talking on phone and trying to get a piece of candy out of a wrapper. They did not give her a breath test or offer one. She failed her physical sobriety test... Read more »

Stephen Grooms answered on Jun 11, 2019

A DUI arrest, charge and potential conviction could in fact be solely due to intoxication as the result of taking prescription drugs. Your friend has a lot going for her due to her age and lack of alcohol or drug use, but she will still need zealous representation to ensure her best defense. The... Read more »

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