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DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law, Divorce, DUI / DWI and Family Law for Alabama on
Q: What could my exes outcome possibly be as far as jail time?

My ex was arrested in 2019 for a possession of a controlled substance. He was arrested again in 2020 in Ohio for a DUI, open container, wreckless driving, and 23 counts of possession of controlled substances. He was arrested again in Oklahoma in march 2023 for flight to avoid for the 2020 arrest.... View More

T. Augustus Claus
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answered on Dec 4, 2023

It is difficult to predict the exact outcome of your ex's legal situation, as the specific charges, his prior criminal history, and the circumstances of his arrests will all play a role in determining the severity of his punishment. However, based on the information you have provided, it is... View More

1 Answer | Asked in DUI / DWI for Maryland on
Q: For admin pe se refusal suspend indefinite on 3/19/21 do I need a lawyer didn't refuse blew

Have not received a court summons as of yet no infractions since then. Don't see DUI in case search

Scott Scherr
Scott Scherr
answered on Dec 3, 2023

First, you should have a lawyer for a DUI. Judges take these cases very seriously especially for a refusal. It is a 12 point ticket that carries a year jail plus possible enhanced penalties for a refusal.

Second, the trial date would definitely have occurred by now for a 2021 ticket. It has...
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1 Answer | Asked in DUI / DWI for Maryland on
Q: What to with a admin pe se refusal suspension. I didn't refuse to blow it's been a over year no court letter I no drivin

Have driven for 3 years car broke don't no infractions. Been paying bills don't understand

Scott Scherr
Scott Scherr
answered on Dec 3, 2023

If you refused, it is a 270 day suspension for a first refusal and a 2 year suspension for a second refusal. The suspension begins the 46th day after your arrest. When the suspension is over, you must go to the MVA to get reinstated. Your driving record will tell you if you are eligible for... View More

2 Answers | Asked in DUI / DWI for Maryland on
Q: Have a DUI from over a year haven't driven or any infraction since then. Think y license is suspended

Wanted to know what to do. Don't see in the case search but still suspended

Mark Oakley
Mark Oakley
answered on Dec 2, 2023

Your license may be suspended due to your taking a breathalyzer test and exceeding the legal limit, or refusing the test, both of which have consequences. Go onto the MVA website and download your driving record. It will show the exact reason and length of any suspension. Contact a lawyer to... View More

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2 Answers | Asked in DUI / DWI for Maryland on
Q: Have a DUI from over a year haven't driven or any infraction since then. Think y license is suspended

Wanted to know what to do. Don't see in the case search but still suspended

Scott Scherr
Scott Scherr
answered on Dec 3, 2023

Download a complete copy of your driving record and it will tell you why your license is suspended. If you are unsure, e-mail a copy of your driving record to an attorney who will be able to tell you what to do.

As Mr. Oakley stated, your license can be suspended for 180 days or more if you...
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3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Car Accidents for California on
Q: there any law in California where you can be charged for something another vehicle possibly a friends/families vehicle?

I constantly see videos where street racing cars get pulled over or a motorcycle group is being chased by police and police only pulls one of them over but typical the one getting pulled over is the only one NOT doing what the others are doing such as speeding, swerving threw traffic, or doing... View More

James L. Arrasmith
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answered on Dec 2, 2023

Under California law, individuals are typically responsible for their own actions while operating a vehicle. You cannot be legally charged for traffic violations committed by others, even if they are friends or family members. If you are part of a group, such as a motorcycle convoy, and others in... View More

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1 Answer | Asked in DUI / DWI for Ohio on
Q: At my arraignment in the morning , is it best to plea guilty or not guilty for first dui
T. Augustus Claus
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answered on Nov 29, 2023

Pleading guilty to a first DUI in Ohio can have several benefits, including:

Reduced Sentence: You may be able to negotiate a reduced sentence with the prosecutor if you plead guilty. This could mean less jail time, a smaller fine, or fewer probation requirements.

Quicker...
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1 Answer | Asked in DUI / DWI for Alabama on
Q: Would I be giving Jail time on my first offense attempt and tamp with evidence
T. Augustus Claus
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answered on Nov 29, 2023

Tampering with evidence is a felony in Alabama. The maximum penalty for tampering with evidence in Alabama is 10 years in prison. However, most offenders are not sentenced to the maximum penalty.

If you are convicted of DUI and tampering with evidence, it is likely that you will receive a...
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2 Answers | Asked in DUI / DWI for Texas on
Q: Do the state of Texas have 180 days to indict you on dwi misdemeanor
John Michael Frick
John Michael Frick
answered on Nov 29, 2023

I respectfully disagree with my colleague. If you are being held in jail, and not released on bond, the DA has 180 days to file formal charges against or you will become entitled to be released on a personal recognizance bond when the 180 days expires. The DA has two years from the date of the... View More

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2 Answers | Asked in DUI / DWI for Texas on
Q: Do the state of Texas have 180 days to indict you on dwi misdemeanor
T. Augustus Claus
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answered on Nov 29, 2023

Yes, the state of Texas has 180 days to indict you on a DWI misdemeanor. This means that the prosecutor has 180 days from the date of your arrest to file an indictment with the grand jury. If the prosecutor does not file an indictment within 180 days, your case will be dismissed.

However,...
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1 Answer | Asked in DUI / DWI for Illinois on
Q: I was charged with DUI in Illinois with a Texas DL, LTC, and residency. How is my case affected by TX law?

First time DUI, gun was out of view in center console, not locked.

T. Augustus Claus
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answered on Nov 29, 2023

Texas Driver's License Compact: Texas is a member of the Driver's License Compact, an agreement between states to share DUI information and enforce each other's DUI laws. This means that a DUI conviction in Illinois can be reported to Texas and may lead to penalties or restrictions on your Texas DL.

1 Answer | Asked in Criminal Law, DUI / DWI, Employment Discrimination and Employment Law for Nevada on
Q: I was not convicted of a DUI, but am on parole and does not even have a revoked driving record. How can I possibly work

I have been living in hardship, financial situations because I can not even drive due to stipulation of no driving while on parole. I have not been revoked my license to drive, the last moving violation was in the year 2007. I am living in hard financial means and without being able to drive, my... View More

T. Augustus Claus
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answered on Nov 29, 2023

You can request a modification to your parole conditions to allow you to drive. To do this, you will need to file a petition with the parole board. In your petition, you should explain why you need to drive, such as to get to work or to take care of your family. You should also explain that you... View More

1 Answer | Asked in DUI / DWI and Employment Law for New York on
Q: Got offer letter from a spirit job & signed it. then they gave me a background check which fail due to dui 5 years ago.

Is there anything I can't do. It's 5 years ago that I got that misdemeanor.

James L. Arrasmith
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answered on Nov 28, 2023

When facing a situation where a job offer is rescinded or affected due to a past DUI (Driving Under the Influence) conviction, especially when it's a misdemeanor from five years ago, there are a few steps you can consider:

Review the Offer Letter and Company Policy: Check the details...
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1 Answer | Asked in DUI / DWI and Traffic Tickets for Ohio on
Q: I am 25 and was stopped for speeding and had been drinking . This was my first DUI and my arraignment is in the morning

I’m currently not working , but should I plea not guiltily or guilty .

Patrick DiChiro
Patrick DiChiro
answered on Nov 24, 2023

I always recommend pleading not Guilty. The OVI is a high level misdemeanor. A first OVI carries 6 points on your license, which will definitely affect your insurance rates. You will also get a 1-3 year license suspension. So, this is something not to take lightly. It will have an impact on... View More

2 Answers | Asked in DUI / DWI, Civil Rights, Constitutional Law and Gov & Administrative Law for Missouri on
Q: If I lost my driver's license in Illinois and moved out of state, how can I get it back?

I followed the given process by the state multiple times and was denied reinstatement with no course or solution to rectify the situation.

James L. Arrasmith
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answered on Nov 21, 2023

If you lost your driver's license in Illinois and have since moved to another state, the process for getting it back can be complex, especially if you've been denied reinstatement multiple times. First, it's crucial to understand the specific reasons for your denial in Illinois, as... View More

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2 Answers | Asked in DUI / DWI for Washington on
Q: I am going prro se on an aggravated dul ?Is that a good idea ?
Jahnis John Abelite
Jahnis John Abelite
answered on Nov 19, 2023

Going pro se on any serious criminal traffic case is never a good idea because the consequences from a bad outcome can be very serious and can have adverse effects on your life for many years. What is an "aggravated DUI" in your case? You don't provide enough information for a proper... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: Is early termination of probation or probation transfer to a different state possible for DUI conviction in PA

(Currently low-risk Phone Reporting Probation for +2years)

what is the process and is it difficult?

what is the cost of either process?

rate of successful applicants

Is there a time frame it takes to get an answer if application or process is accepted?

Reid DeChant
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answered on Nov 16, 2023

I would suggest discussing this with your probation officer or probation department, as every county and probation department handles these differently.

In Colorado, for example, most probation departments are supervising first DUI convictions with low risk remotely by phone. A second or...
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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Possible for early probation termination with DUI conviction?
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answered on Nov 16, 2023

Every court will have different procedures on whether or not these requests are granted, but generally speaking, yes you can apply to terminate your probation early. Once you have completed all of the required conditions, assuming you did not have any complaints or issues while on probation, you... View More

1 Answer | Asked in DUI / DWI for North Carolina on
Q: Say i left north carolina on probation for dui an they issued a warrant misdemeanor. Is there a statue of limitations on

I left over 10 years ago an not drank since but family emergency has me going back can the arrest me an lock me in prison for leaveing or is there a statue of limitations

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answered on Nov 16, 2023

The statute of limitations limits the amount of time from which they can issue a warrant or complaint (charge) in relation to the date of offense. Once they issue the warrant, the warrant could be renewed indefinitely, until you are arrested. Otherwise, everyone would do what you did and just leave... View More

2 Answers | Asked in DUI / DWI for Colorado on
Q: Fourth felony DUI new law you can have your license back immediately with interlock?
T. Augustus Claus
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answered on Nov 14, 2023

If you have a fourth felony DUI, you will be required to serve a mandatory jail sentence of at least 18 months. You will also need an ignition interlock device installed in your vehicle for at least 3 years. An ignition interlock device is a device that prevents you from starting your car if you... View More

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