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DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: Help with withdrawing a plea
James L. Arrasmith
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answered on Sep 16, 2024

Withdrawing a plea in California can be a challenging process, but it is possible under certain circumstances. You generally have the right to request to withdraw your plea if you can show that it was not made voluntarily, intelligently, or knowingly. This could happen if you were misled, did not... View More

4 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: I was involved in a hit an run, and i want to know if i can sue the other driver.

After the other driver backed into me and hit my car from the front left side, she drove off into the neighborhood and i followed her but sped off in another direction, then I lost her. My friend who was in the passenger seat called the police for me to file a report. Shortly after, the police... View More

William John Light
William John Light
answered on Sep 15, 2024

You can sue but it's a giant waste of time. You aren't injured and your insurance company will pay to repair the property damages without the time and money of a lawsuit.

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: I got my license suspended 7 years ago for a DUI and I paid it off and paid reinstatement fees and still can't get it.

All fines and court costs have been paid as well as the reinstatement fee ... But they still want sr22 and I can't afford it ... But I thought that requirement expired after 3 to 5 years.

Anthony M. Avery
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answered on Sep 11, 2024

You can argue with DOS, but they issue the TNDL. Insurance is always a requirement.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Kentucky on
Q: Can a lawyer remove a bench warrant without me having to show up in court?

When I moved out of my old house after divorcing from my husband, he held a lot of my mail from me just out of spite and I genuinely knew nothing about having a court appearance until a few days ago. Can a lawyer show up for me to lift a bench warrant or will I have to go to court myself?

Timothy Denison
Timothy Denison
answered on Sep 11, 2024

The lawyer can have it recalled and you don’t have to appear if it is a misdemeanor. If it is a felony, you too will have to appear.

1 Answer | Asked in Car Accidents, DUI / DWI and Health Care Law for California on
Q: I was take to the hospital after a DUI GIVIN A PINK SLIP NO BAC OÑ ON TICKET SAID DUI AND OTHER 10DAYS DAYS TO ÇALL DMV

Week later city bill 1100 I asked Dr what am I going here they said I have not given anyone consent to draw my blood or do any type of testing and this was 3 hours after the officer left they said my BAÇ was a 1.8 after I had them check I'm pretty muched f©©k?

James L. Arrasmith
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answered on Sep 4, 2024

It sounds like you're dealing with a complex situation. First, if your blood was drawn without your consent after the officer left, you may want to challenge the legality of that blood draw. In California, implied consent laws allow for chemical testing in DUI cases, but there are specific... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Health Care Law for North Carolina on
Q: I am trying to help an incarcerated loved one with court-order rehabilitation; process for Power of Attorney?

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James L. Arrasmith
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answered on Sep 1, 2024

To help an incarcerated loved one with court-ordered rehabilitation, you’ll need to establish Power of Attorney (POA) to manage their legal, financial, or medical matters. Start by discussing with your loved one the specific powers they want to grant. This can be for general matters or specific... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Juvenile Law for Kentucky on
Q: My son is charged with wanton murder from a car wreck where 2 people was killed . They both was in his car.

Him and another car hit head on. There was no reconstruction done . And the state police was called off by the local sheriff . My son did test positive for 2 nano grams of thc. The active ingredient for thc wasn't in his blood. He was 16 at the time and had since been charged as an adult .... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you and your son are in an incredibly challenging and painful situation. You have raised several serious concerns about how the investigation and legal proceedings have been handled. If evidence shows that the police and prosecutor acted unethically or illegally, especially with... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for South Carolina on
Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle

James L. Arrasmith
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answered on Aug 31, 2024

In South Carolina, if you refuse to allow an officer to search your vehicle, that alone does not give the officer a reason to claim you're under the influence. However, officers may use other observations, like the smell of alcohol, slurred speech, or erratic behavior, to justify their... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for South Carolina on
Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle

James L. Arrasmith
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answered on Aug 31, 2024

When you refuse to allow an officer to search your vehicle, it’s important to know that this alone does not give them probable cause to accuse you of being under the influence. However, if the officer genuinely believes you are impaired based on their observations—like your behavior,... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Minnesota on
Q: How can I get my license plate reinstated when I was the passenger of my vehicle and the driver had a revoked license.

The driver was arrested for a warrant, a DUI, and revoked license

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 28, 2024

You can go to the DMV for new plates. I doubt that you simply have your original plates reinstated particularly if you permitted someone who was drunk and did not have a license to drive your car.

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1 Answer | Asked in DUI / DWI and Immigration Law for Michigan on
Q: Not allowed entry into Canada and I must go through Criminal Rehabilitation.

I have had three DUIs, the last DUI was 7 years ago and have completed probation. I was told that it would take 10 months and I would like to do this myself. Thank you

James L. Arrasmith
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answered on Aug 22, 2024

If you have three DUIs and want to enter Canada, you will likely need to go through the process of Criminal Rehabilitation. Since your last DUI was seven years ago and you've completed probation, you're eligible to apply. It's important to gather all relevant documents, including... View More

1 Answer | Asked in DUI / DWI, Family Law, Car Accidents and Child Custody for California on
Q: If my co parent was a convicted felon for DUI vehicular man slaughter will the judge see him as incompetent parent?

He’s been out for 1 1/2 years now and my attorney is taking their sweet time to file a change of order from 2017. I was dumb to take word of mouth to think everything will be fine when he came out and didn’t change the custody order. 2 months after he came out he wanted to follow the court... View More

James L. Arrasmith
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answered on Aug 22, 2024

Winning a custody battle depends on several factors, including the best interests of the child, which is the primary concern for the court. The judge will consider your co-parent's past conviction, especially since it involves DUI vehicular manslaughter, and weigh it against their current... View More

3 Answers | Asked in DUI / DWI and Traffic Tickets for Minnesota on
Q: I was on private property, and was not in my vehicle at the time of the stop. Can the cop still stop me
Robert Kane
Robert Kane
answered on Aug 18, 2024

Mostly likely yes, if you was on private property, and was not in your vehicle at the time of the stop, the cop can still stop you. Was it your private land? If not, it doesn't probably matter.

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1 Answer | Asked in DUI / DWI for California on
Q: My fiancé is in county jail and set to be released in September with a year of probation but has a DUI case in another

County. What happens now? Will he be picked up by the other county?

James L. Arrasmith
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answered on Aug 17, 2024

When your fiancé is released from county jail, it's possible that the other county with the pending DUI case may place a hold or warrant for his transfer. This usually depends on the severity of the case, court schedules, and coordination between the counties. If there's an active... View More

1 Answer | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Constitutional Law for California on
Q: Quick question about California law

After being pulled over, what are all the reasons that would give the police the right to tell you to step out of your vehicle and start searching your vehicle? In california

James L. Arrasmith
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answered on Aug 6, 2024

In California, after being pulled over, an officer can legally ask you to step out of your vehicle for various reasons. If they have reasonable suspicion that you are involved in criminal activity, they have the right to ask you to exit your vehicle. Additionally, if the officer believes you may be... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for California on
Q: After being pulled over

After being pulled over, what are all the reasons that would give the police the right to tell you to step out of your vehicle and start searching your vehicle? In california

James L. Arrasmith
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answered on Aug 6, 2024

In California, if you are pulled over, police officers may ask you to step out of your vehicle for several reasons. One common reason is if they have reasonable suspicion that you are involved in criminal activity beyond the traffic violation, such as seeing drugs or weapons in plain view. They may... View More

1 Answer | Asked in DUI / DWI for California on
Q: How long can I be held in jail for an out of county warrant in California?
James L. Arrasmith
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answered on Aug 5, 2024

Under California law, if you are arrested for an out-of-county warrant, you can be held in jail for a limited period. Generally, the holding period is up to 48 hours, not including weekends and holidays. This allows time for the county that issued the warrant to arrange for your transport.... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Tennessee on
Q: I'm eligible for my driver's license and have all my requirements completed but my court judgement says I can't drive?

My judgement says that can't drive even with a valid driver license...my license status online says that I'm eligible with interlock device. It doesn't say revoked

Anthony M. Avery
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answered on Aug 2, 2024

I am not sure what your problem is. If convicted of DUI, you should be eligible to get a blowmeter device and then your TNDL. Usually you do this yourself, but you may have to get the Judge to amend the disposition on the Warrant or Judgment. If you do not have an attorney, call me.

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: Is there a certain amount of community service I need to complete by my turn in date to jail to avoid jail time?

If I am allowed to serve community service in AOWP in Fresno County, do I need to have a certain number of hours completed or all completed by my turn in date for jail to avoid jail time?

James L. Arrasmith
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answered on Jul 31, 2024

In California, the specific amount of community service required to avoid jail time depends on the terms set by the court. Each case is different, and the judge typically provides clear instructions regarding how many hours of community service you need to complete. It’s crucial to follow the... View More

1 Answer | Asked in DUI / DWI, Cannabis & Marijuana Law, Civil Rights and Medical Malpractice for Michigan on
Q: I'm being indefinitely deprived of First, Fifth, Sixth, Eighth, Ninth, and Fourteenth Amendment Rights. What do I do?

I was told the charges I plead "guilty*" to carried a "two year maximum"... That was 18 years ago, and I'm still being cruel and unusually punished indefinitely why? On multiple occasions, I repeatedly tried to explain my medical use of the plant, as my only form of genuine... View More

James L. Arrasmith
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answered on Jul 28, 2024

You’re facing a complex and serious situation that seems to involve potential violations of your constitutional rights. It’s essential to gather all your legal documents, including court transcripts and records of the charges and sentencing. Having these documents organized will help clarify... View More

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