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DUI / DWI Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, DUI / DWI and Traffic Tickets for South Carolina on
Q: How long can the police hold a fire arm that was confiscated out my vehicle

I got pulled over and was charged with the DUI a few months ago and I allowed the officer to search my vehicle and I told him where my firearm was they took it and the next day when I was released from the jail they didn't give it back how long are they allowed to keep it before I can have it back

James Thomas
James Thomas
answered on Sep 3, 2022

If the firearm is evidence in the case for some reason (it doesn't sound like it, but for example, someone might also be charged with unlawful carry in addition to DUI), then they'll hang on to it for at least as long as the case stays pending in court. But if not, then they should be... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Got a Dui 1st 11 yrs ago, Dui 1st 3 yrs ago, and had another dui this year.Will I be charged with 2nd or 3rd offense?

All 3 took place in TN. The District attorney offered minimum sentence on DUI 3. MY lawyer didn't agree and post poned my court date.

Anthony M. Avery
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Anthony M. Avery
answered on Sep 1, 2022

Almost certainly a #3rd Offense. Talk to your lawyer that represents you. You might get 30 to 60 days less incarceration with a pled 2nd and more than the minimum. Or you might try it and take a chance on serving 6 months or more. With a 2nd, it is a 2 year TNDL revocation.

1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Does the Melanies Law Regarding having a mandatory breath Alyzer installed in vehicle for 2 years apply only in mass?

My finance got arrested 25 years ago for 2nd DUi and his license was suspended. He has not had a license or license infraction or drove in over 25 years and would like to get it back. He wants to know can he legally get his license in other states ( does the Melanies Law apply only in the state of... Read more »

Kris  Patria
Kris Patria
answered on Aug 31, 2022

Assuming that your fiancé was convicted of 2nd offense OUI in Massachusetts 25 years ago, he may be eligible to reinstate his driving privileges in Massachusetts, providing that he has fully complied with all relevant obligations resulting from his conviction, including fines and fees. With... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: Is it true that you can have a DWI dismissed if charges are brought against you 18 months or longer after the stop

I was pulled over Jan of 2020 and they are just now charging me. I was told that it could get dismissed on prejudice if charges are brought 18 months after even though the statue is 6 years

Brent T. Geers
Brent T. Geers
answered on Aug 30, 2022

As with most matters of the law and public opinion, there is a bit of truth in what you were told. The 18 months probably refers to the timeline for what people commonly call speedy trial (there is a statutory 6 month timeframe that applies in rare circumstances, then there is the 18 month... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: What’s my best route to take having gotten a dui 40-6-391(a)(1-5) …

Officer did not notify me that refusal to blood work would be sumisión of service report and notice of license suspension … he also stated on paper work that I was unable to sign a document when he never asked me to sign any paper work which I would have cooperated and signed … I passed my... Read more »

Anthony Kozycki
Anthony Kozycki
answered on Aug 29, 2022

The arresting officer is required to provide you very specific advisements of your rights surrounding their request for a blood sample. If the officer failed to provide you correct notice, that would potentially invalidate a significant portion of the evidence against you. I would suggest reaching... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for Mississippi on
Q: Is this a bribe?: "if you state that you do not object to offender getting probation I will offer $200,000 restitution".

Drunk driver hit my vehicle

-killed my 4 year old son from fractured neck

-my 6 year olds spine snapped, and had internal bleeding from 3 organs

-i broke my right shoulder & suffered bilateral artery damage in my neck so high risk for blood clots in my brain... Read more »

Arthur Calderon
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Arthur Calderon
answered on Aug 27, 2022

This is a tricky one, because it sounds as though it may come dangerously close to being one, not to mention there is a question as to whether the defendant's "offer" could be discharged via bankruptcy or some other means. That being said, I'd be curious to know whether there... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Indiana on
Q: I backed up into my neighbors car while intoxicated and left the scene. What changes should I expect?

I saw her later that day and gave her my insurance information and told her I was intoxicated, she told the officer that I was intoxicated. When I when to the police station the next day to give my statement I told him I was intoxicated when I backed into her car, panicked and left the scene.

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 26, 2022

Unless the police have more than your admission of being intoxicated, I do not see how you could be prosecuted for an OWI. However, you will very likely be charged with leaving the scene of an accident. From this point forward, you should not speak to your neighbor about the situation, nor the... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Massachusetts on
Q: Officer made mistake in report can I use it against him at trial?

He said he like did something but it was another cop. Seems like a mistake as the other person got the same information but wondering if it helps my attorney get me a better deal

Kris  Patria
Kris Patria
answered on Aug 26, 2022

Mistakes in police reports can be used at trial to demonstrate that an officer has formed a wrong conclusion or conducts sloppy investigations. However, some mistakes are so minor and inconsequential that calling attention to them could backfire. A seasoned trial attorney will know what can type... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI, Family Law and Child Custody for California on
Q: my fiance was caught sleeping in a walgreens parking lot with the baby in the back baby seat. when the police looked in

the car they found drugs and drug perifenilia. we are almost done with the case but the cps lady asked me if i wouldnt minds taking a drug test every so often even though i was not involved in any way wat so ever. the night it happened i was in bed sleeping. i said yes but she sent me the papers... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Aug 25, 2022

THE PERSON WHO WOULD HAVE ALL THE INFO IS THE ATTORNEY FOR YOUR FIANCE.

DID HE PRESENT AN ILLEGAL SEARCH AND SEIZURE ARGUMENT? WHAT DID SHE PLEAD TO?

I AM NOT SURE HOW THEY WOULD HAVE JURISDICTION OVER YOU...........

DID YOUR FIANCE SAY IT WAS NOT HERS AND THAT IT WAS...
Read more »

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1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Municipal Law for Maryland on
Q: I submitted a car registration renewal request online for Maryland and forgot to update the address? What should I do?

I also had switched insurance providers so, would that be a factor as well?

Scott Scherr
Scott Scherr
answered on Aug 21, 2022

Go to the MVA and ask them for the proper information to amend your address and the insurance company. I do not know if that can be done online.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I had a seizure on my way home in Gallatin Tennessee they charged me with my third DUI they went back a total of 20yr.

Also got simple possession. I'm 52 and take care of my disabled brother what should I do

Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

Hire local counsel to defend the charge. An attorney can review the facts and circumstances and determine whether you have a good defense, as well as engage the necessary experts regarding the medical condition.

1 Answer | Asked in DUI / DWI for Arkansas on
Q: How can I be charged with 5-65-123 and never was ordered to have one installed?
Richard Lane Hughes
Richard Lane Hughes
answered on Aug 18, 2022

You may be accused of assisting or attempting to assist someone who has been issued a device restricting their operation of a motor vehicle. The cited statute prohibits that conduct.

1 Answer | Asked in DUI / DWI for Georgia on
Q: can a state trooper draw blood for a dui. he was not arrested. it was a 4 wheeler wreck on a dirt road.

he was not arrested. it was a 4 wheeler wreck on a dirt road. no property damage to anything else, no one was riding with him. the wheeler just snapped off.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

If the person consented or was too injured to consent, then yes.

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: In michigan, can you expunge a DUI from twenty years ago, if I had a 2nd offense that was reduced to reckless driving?
Brent T. Geers
Brent T. Geers
answered on Aug 16, 2022

Technically, yes; practically speaking...you really need to consult with a local attorney who knows your judge.

1 Answer | Asked in Criminal Law and DUI / DWI for Michigan on
Q: can a judge revoke a bond for absolutely no reason at all??

he said because he never shouldve granted it because its a felony and the person should b in jail , even tho he gave 2 pr bond before & this cash bond & the person is working, doing everything supposed to be doing & they're supposed to have already dropped the felony, the whole... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 13, 2022

Bond is discretionary, subject to court rules. No, a judge cannot revoke bond for no reason...but it doesn't take much of a reason. Can a judge raise a bond, remanding the person to jail in the interim - effectively revoking bond? Sometimes, depending on circumstances. There are judges that... Read more »

1 Answer | Asked in DUI / DWI for Louisiana on
Q: Can I plead not guilty to dwi if I refused breathe test?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 7, 2022

Yes, you can, however, the best recommendation is that not before go to court but immediately you contact a DWI lawyer or 2 in your area and set up consultations to specifically discuss your case and options---and then hire the DWI attorney with whom you fell most comfortable----I say immediately... Read more »

2 Answers | Asked in DUI / DWI for Illinois on
Q: I have 2 DUIs in the Illinois. The last one occurred over 20 years ago. What steps do I need to get my license back?

Both of the DUIs occurred over 20 years ago and I completed all required treatment. I don’t drink and I would like to get my license back now that I have children and a new job that I need to be able to drive for. Does the fact that it was over 20 years ago have any impact.

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin
answered on Aug 5, 2022

The fact that is 20 years certainly does not hurt. The fact that you completed all your treatment may or may not be relevant, depending upon what your classification is and what you’re drinking and or drug use has been like since you’ve completed treatment.

At a minimum, you would have...
Read more »

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1 Answer | Asked in DUI / DWI and Traffic Tickets for Texas on
Q: Do I need to get a lawyer and how could it help

My so. Was involved in an accident. He was given a citation for failure to control speed but he was taken to the hospital under protective custody. One I got the police report there was also a DWI charge. Once he was released from the hospital they showed up at his house with a warrant &... Read more »

Grant St Julian III
Grant St Julian III
answered on Aug 4, 2022

Yes, your son needs an attorney. Contact a lawyer who practices in the county where the case is filed. Good luck

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Repost w/add’l info: Could a DUI which has been dismissed by the prosecutor be re-charged?

.

Michael A. Smolensky
Michael A. Smolensky
answered on Aug 4, 2022

Attorney General Guidelines for Municipal Prosecutors limit their discretion in plea negotiations on DWI charges. It is unlikely that the Municipal Prosecutor dismissed all charges but the reckless driving without very good reason.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Can a DUI that’s been dismissed in NJ be refiled?

.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 4, 2022

Maybe we would need to know much more information such as did a trial start for the case etc. When were the offenses etc, etc.

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