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DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Ohio on
Q: What are my chances I plead not guilty

I was at a bar I got into an argument with someone. I ended up going to another bar I walked in the bar the person gets in my face and pushes me out the bar I get up I walk back in and he literally tackles me to the ground next thing I know i'm get arrested and I got a ticket for disorderly conduct

Paul J. Siegferth Jr.
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answered on Dec 14, 2024

Your attorney will gather all of the evidence intended to be used against you; Police reports, victim/witness statements, body cam videos, bar videos, and any other evidence the government intends to use against you. Then, you'll know if you have triable or suppression issues to pursue.

2 Answers | Asked in Criminal Law, Traffic Tickets, DUI / DWI and Domestic Violence for California on
Q: Clarification on Court Procedure for Misdemeanor Ticket?

I was issued a misdemeanor ticket (visitation schedule order) on November 22. I never violated the court order and have prepared a 32-page declaration with exhibits. The court date on the ticket is set for December 18.

During the December 18 hearing, what should I expect? Can I submit my... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 12, 2024

The date is for the arraignment. This is not a pretrial or trial. Plus you have to be careful what you say. Anything you say can and will be used against you. They will appoint you the public defender to represent you. They will be able to best advise and represent you. Good luck with your case.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: If I already signed a plea agreement restricting my license for 12 months can I change it to 6 months

I was charged with a dui my first offense and instead of doing the six months restricted I choose the 12 months with interlock but now I’m seeing I can’t afford to have an interlock for 12 months that the 6 months is more ideal is there anyway I can go back and change it?

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Dec 12, 2024

You would need to file a motion to reopen if still in the appropriate timeframe to do so and ask the court to change the order. The problem is the DMV and ASAP will most likely restart the clock. You should contact your original attorney.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Can I file a Motion to Dismiss based on the statute of limitations if my case was dismissed without prejudice?

Details:

The alleged incident (misdemeanor: violation of a court custody visitation schedule order) occurred in March 2023.

The case was filed in court in September 2023, pausing the statute of limitations.

In December 2024, the case was dismissed without prejudice due to... View More

James L. Arrasmith
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answered on Dec 11, 2024

In California law, when a case is dismissed without prejudice, the statute of limitations is temporarily paused (tolled) during the time the case was pending, but it resumes running from where it left off after the dismissal. This means you would add together the time that passed before the initial... View More

1 Answer | Asked in DUI / DWI for Georgia on
Q: What does “T” or “V” stand for in a GA court case number? For example, 18-T-xxxx
Anthony Kozycki
Anthony Kozycki
answered on Dec 9, 2024

The letter will typically indicate the type of case. For example, T may be for traffic citations, D could be used for all other misdemeanor cases, B could be for felony cases, A could be for Divorce cases etc.

Each court has its own labeling procedure, so the letter will change depending...
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1 Answer | Asked in DUI / DWI for California on
Q: 1991 I had one DUI in SC. 2015 I attempted to get my license in CA. SC still has a hold is that legal

In 2015 SC charged me $600+ to reinstate my CA license and complete a program. I did them both. There is still a hold. Whats up.

James L. Arrasmith
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answered on Dec 5, 2024

Your situation with the South Carolina hold from 1991 affecting your California license in 2024 is frustrating but not uncommon. Interstate holds can remain active for decades if not properly cleared through all required channels.

Even though you completed the program and paid the fees in...
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2 Answers | Asked in Criminal Law, DUI / DWI, Family Law and Traffic Tickets for Illinois on
Q: Can an adult hire an attorney for someone else's minor child without the parent's consent?

Our minor(17) son is currently living with a different guardian. We found out that he took responsibility for a single car crash where one of his friends left the scene(presumably alcohol related). The friend's father hired an attorney for our son. Aside from the fact that I believe this means... View More

Cheryl Powell
Cheryl Powell
answered on Dec 5, 2024

No one asks who hired the lawyer. Either the person has one or, if jail is a possibility, one is appointed. If you want to object I suppose you can go to court and do so, but I would think you should talk to your kid's lawyer first.

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1 Answer | Asked in DUI / DWI, Civil Rights, Constitutional Law and Federal Crimes for Texas on
Q: The cops and a family member couldn't find a way to legally arrest me until this... Is this conspiracy, entrapment?

"Yeah, if he takes off on the quad again, he's probably going to the store, which means it's a DWI."

Officer ...: "You call us on that. It's also not street legal."

John Michael Frick
John Michael Frick
answered on Dec 4, 2024

No, this is not conspiracy or entrapment.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Illinois on
Q: When creating a petition to rescind statuary summary suspension?

Are all 3 points of argument criteria and requirements? Or is only one point of argument to be chosen and focused upon? And then how far do I go into detail in solidifying my argument? I mean if the entire arrest was unlawful and the officer literally did everything imaginable wrong as far as... View More

Theodore J. Harvatin
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answered on Dec 3, 2024

Although local practices can vary, in general, the petition itself is just a check the box exercise. Then you file a supporting legal memorandum as a separate document. In your case, it also sounds like you should also be filing a motion to suppress.

To be honest with you, the chances...
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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Arizona on
Q: I got a gun charge with a speeding ticket and dui what could I be facing
Marc David Pelta
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Marc David Pelta
answered on Dec 3, 2024

It depends upon many factors such as what your criminal history is like and what the facts of the case now are. Regardless, you should consult with experienced criminal defense counsel asap.

1 Answer | Asked in Civil Rights, Criminal Law and DUI / DWI for Illinois on
Q: How long can the police detain you without charging you Louisville kentucky?

Friend of mine fell asleep at a stoplight. He was detained by police and given a breathalyzer test. The results were negative. The jail attempted to do a blood draw but either couldn't do it for lack of qualified staff or some öther reason. My friend then asked for a blood test at his own... View More

Cheryl Powell
Cheryl Powell
answered on Dec 2, 2024

This question should be posted for KY lawyers.................................................

1 Answer | Asked in DUI / DWI for Arizona on
Q: My 74 year old mother was arrested 11/19 for DUI, she has a felony conviction for DUI and served 2 years.

Will the Prosecutor use this against her? Her prior conviction was 10 years ago

Marc David Pelta
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Marc David Pelta
answered on Nov 30, 2024

I am a former prosecutor. Yes, she or he will use the previous conviction and sentence against her. You should hire an attorney experienced in DUI litigation as soon as possible because there are also potential DMV consequences.

3 Answers | Asked in DUI / DWI and Immigration Law for California on
Q: Getting my 1st DUI conviction changed to reckless driving for immigration purposes?

I have completed all my court related requirements.

Marc David Pelta
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Marc David Pelta
answered on Nov 28, 2024

I doubt you can accomplish this. However, you should consult with an experienced criminal defense lawyer to explore your remedies under California law. It is important you mention to the lawyer what your goal is.

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1 Answer | Asked in DUI / DWI for Washington on
Q: i violated deferred prosecution for a dui in washington state, what is the likelihood of getting back on deferred?
Patrick Owen Earl
Patrick Owen Earl
answered on Nov 21, 2024

You need to have a criminal defense attorney here in WA to see what your options are. Do that now

1 Answer | Asked in DUI / DWI, Animal / Dog Law and Civil Rights for Nevada on
Q: Can I sue if I was arrested on bogus charges of dui. Never did a breath test ,I wasnt in the van , it was shut off .

I was outside of van,checking on my dogs&out of gas. A cop arrested me for dui dragged to to hospital to get blood taken&to jail.I lost my female dog&her puppies due to pound bullying me,.Just recently I was arrested on a warrant for that charge.While arrested they took my 2boy dogs to... View More

Jennifer Setters
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answered on Nov 14, 2024

Thank you for sharing your situation. Legal challenges like these can be deeply distressing, and navigating them alone can feel overwhelming. Here’s an overview of potential legal claims and why consulting an attorney can make a substantial difference in your case.

Potential Legal Claims...
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1 Answer | Asked in DUI / DWI for Kentucky on
Q: A friend was charged with 2 DUIs within a little over 48hrs. How bad will the consequences be?

3 days after they made bail the second time they checked into detox and rehab. Still in rehab.

Timothy Denison
Timothy Denison
answered on Nov 13, 2024

Depending on the circumstances, maybe two first offenses instead of a first and second.

1 Answer | Asked in DUI / DWI, Civil Rights and Constitutional Law for New Jersey on
Q: Township official pulled alongside parked vehical on private property & issued person standing next to vehicle intoxic

Officer was seeking similar vehicles reported by citizen to be hazard

James L. Arrasmith
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answered on Oct 27, 2024

You were approached by a township official while standing next to your parked vehicle on private property. The officer was searching for vehicles similar to yours that had been reported as a hazard by a citizen. It seems you were issued a citation or accused of being intoxicated.

You might...
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1 Answer | Asked in DUI / DWI for California on
Q: Forgot to turn in documents for dui course completion and just not realizing I have a bench warrant

Recently found out I have a bench warrant for forgetting to turn in my dui course papers and I have to show up for jury duty how do I sort this out??

James L. Arrasmith
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answered on Oct 23, 2024

Your immediate priority should be addressing the bench warrant before your jury duty date, as having an active warrant could lead to serious complications.

Contact the court where your DUI case was handled right away and ask about the procedure for recalling the warrant. You'll want to...
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1 Answer | Asked in DUI / DWI for Tennessee on
Q: Had accident in 2022 DUI charge now 2024 just got notice of citation warrant any advice?
Anthony M. Avery
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answered on Oct 22, 2024

Citation or Warrant? Misdemeanor or Felony Charge? Hire a competent attorney to represent you. Passage of time may help on evidence or even the SOL. Do not discuss what happened except with your retained counsel.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for North Carolina on
Q: What to do / say to an officer when pulled over? Anyone have a concise information sheet that can be kept in car?

I've seen lots of videos and articles on what to say/do or not say/do during traffic stops. But what I'm wondering is, does anyone have a concise sheet / summary of these basic instructions that could be kept in the vehicle so that I could actually... remember some of this advice?... View More

James L. Arrasmith
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answered on Oct 21, 2024

When you’re pulled over, stay calm and pull over safely to the side of the road. Keep your hands visible, preferably on the steering wheel, and wait for the officer to approach. Avoid making sudden movements and follow the officer’s instructions carefully.

Provide your driver’s...
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