Get free answers to your DUI / DWI legal questions from lawyers in your area.
Your current state is Ohio
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answered on Dec 3, 2023
First, the other answer to this question is incorrect so please do your own research before trusting random people on the internet. The minimum jail sentence is 90 days on a F4 DUI. I’m assuming the attorney is from another state.
Second, there are a lot of factors that come into play to... View More 
This happened in York, pennsylvania.
Is the car considered private property? It was parked in a parking lot, doors locked, keys in purse. I was texting looking for a ride. The officer knocked on my window and asked me to step out.
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answered on Jan 9, 2025
In Pennsylvania, you can potentially be charged with public drunkenness even in your private vehicle if you're in a public place like a parking lot. The car itself is considered private property, but its location in a public space means you're still technically in public.
When an... View More
I had Pre-trial hearing yesterday at Glendale court at 8:30AM. This was a court-order violation during TRO. The DA office decided to dismiss the case during the hearing. I must submit any written proof to the family court by today. I called the court clerk, and they told me I need to call back... View More
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answered on Jan 8, 2025
Your situation requires immediate attention, and I understand the urgency of needing proof of the dismissal for family court today. Time is critical in these situations, especially when dealing with multiple court systems.
You have several options to pursue right away. First, contact your... View More
Before the arrest officer's still arrested me on suspension which was vacated just to do a illegal search
answered on Jan 8, 2025
if the officer relied in good faith on information provided to him by dispatch, the stop is probably okay, if the DMV information had not caught up, but, if you now have a valid license, the case will likely be dismissed by the State or something similar. The second issue you raise concerning the... View More
i never say my blood test,never say a probation officer,never had a day in court,they issued a warrent for my arrest, interlock tampering and DUI
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answered on Jan 6, 2025
I'm sorry you're going through this challenging situation. It's important to address any potential violations of your rights properly.
First, consider reaching out to a qualified attorney who can review the specifics of your case. They can help determine if your due process... View More
The traffic stop occurred roughly 12yrs ago in tulsa ok. insurance on my vehicle had lapsed I refused the blood draw not having knowledge of that qualifying as automatic admission of guilt, this occurred after blowing 0.0 on site & @ station. Field sob test resulted in further exam due to my... View More
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answered on Jan 5, 2025
It’s understandable that you want clarity on whether your inpatient rehab completion can replace other requirements. Policies vary by jurisdiction and specific case details, so it's important to ensure that your records meet the necessary criteria set by the court or relevant authorities.... View More
Speeding, and reckless driving when I knew I was being followed for the last 3 miles. And I had cruise control on. When officer caught up I was already parked in front of the gas station about to open the door to get my drink refill only then did the officer turn on his lights… He said I was... View More
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answered on Jan 5, 2025
I'm sorry you had to go through that experience. It’s important to know that you have the right to ask if the officer has a warrant before allowing a search of your vehicle. Since the false 911 call played a role in the stop, bringing this up with a lawyer could be crucial for your defense.... View More
I had a DUI in 2009, completed all of my courses, community service, and paid applicable fees. It's now 2025 and I still have a RSTR (restriction) 08 (DUI) on my Driver's License.
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answered on Jan 4, 2025
To remove the RSTR 08 classification from your California driver's license, you'll need to visit your local DMV office in person and request a DL 939 form (Removal of Driving Restrictions). This form allows you to petition for the removal of restrictions related to past DUI convictions.... View More
Isn’t the sixth amendment the right to a jury of your peers?
answered on Jan 2, 2025
There are several concerns here. You are absolutely correct, if you are charged with a crime (including DUI: Drugs) you have an absolute right to a jury trial. Additionally, Drug Court, like all accountability courts, is an optional program. If you would prefer to keep your case in the traditional... View More
answered on Jan 1, 2025
Yes generally 3 to 5 years of jail you would be looking at unless the car is valued at more than 75K or more than one car was stolen. In that case your looking at more time generally 5 to 10 years so make sure you hire a good lawyer, to have your best chance of avoiding that outcome. Many of us... View More
I am doing a project on DWI's for school and need a case that includes the prosecutors and defendants perspective to be used as research.
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answered on Jan 1, 2025
Case law is made when someone appeals a ruling from a lower court - usually the trial court - to the appellate court. In a criminal case, the appellate court will consider the arguments of both the Defense and the Prosecution, and then render a decision to either uphold the trial courts ruling or... View More
They charged me with a dui, I haven’t been to court yet, they suspended my AZDL for refusing a blood test. Got a warrant and tested blood anyways, I haven’t gotten the results back but they charged me with a dui although there was no hearing for that. Fined me for no insurance or registration... View More
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answered on Dec 30, 2024
I'm sorry you're going through this difficult situation. It sounds like you have several concerns regarding your traffic stop and subsequent charges. To address potential violations of your rights, it's important to consult with a qualified attorney who can review the details of your... View More
Please take time to help.
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answered on Dec 30, 2024
You can’t expunge DUI. Ever. You can apply to terminate the revocation and restore your driving privileges.
She was cited, speed was a factor and dark hwy, 1st offense - what happens to her?
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answered on Dec 26, 2024
This is a serious situation that requires immediate attention given your daughter's age and the combination of alcohol, even at a low level (.05), with property damage and speeding.
In California, drivers under 21 face much stricter penalties under "zero tolerance" laws. With... View More
Misdemeanor probation for disorderly conduct. And I’m trying to contact probation officer but she is on vacation. I seeked treatment immediately after I was released from jail
answered on Dec 26, 2024
I presume that your probation agent has an email address and/or voice mail. Leave your agent a message or send an email updating her on what is going on. You may be looking at jail time for catching the new DWI, but treatment should help minimize that risk.
I have been charged with a DUI, if I do not wave my right to a speedy trial does that mean the court has to receive my blood test results with in 90days to charge me
answered on Jan 7, 2025
This is a great question, and understanding California’s right to a speedy trial is key to forming a trial strategy. Here’s a breakdown of the relevant laws.
Speedy Trial Right in California:
Under both the U.S. Constitution (6th Amendment) and the California Constitution... View More
I did the class for my dui. But to follow up with it after words we were impacted by hurricane sandy when i did live there.which made me leave n move to florida in which i currently reside. Im trying to obtain a license so that im able to provide for my family. Now im stuck here and currently... View More
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answered on Dec 22, 2024
You will need to clear up everything with your home state dmv. The Florida DMV probably gave a reason for the denial.
A police misinterpreted my visitation order. They asked me to return the child to Ex, but I argued I can't follow the police wronglful directive over the Court order. Despite my extensive explanation, they issued a ticket under Penal Code 285 with anger. I immediately prepared a 32-page... View More
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answered on Dec 18, 2024
If you received a misdemeanor citation, yes, the police must submit a report to the District Attorney's office for prosecution to proceed. Without this report, the DA cannot formally file charges or proceed with the case.
Your proactive approach in preparing documentation to prove your... View More
I’m a non-U.S. citizen on a B1/B2 Business/Personal Visa seeking legal help from an attorney with experience in DUI defense and immigration matters.
Case Details:
Location: Santa Clarita, CA
Date: 12/7
Situation: Pulled over at 2 a.m. for speeding and swerving. I... View More
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answered on Dec 15, 2024
This situation requires immediate attention from both a criminal defense attorney and an immigration lawyer, as DUI charges can seriously impact your immigration status and future Green Card application.
Given the complex interplay between criminal and immigration law, you should seek legal... View More
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