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DUI / DWI Questions & Answers
2 Answers | Asked in Car Accidents, Personal Injury and DUI / DWI for California on
Q: Can I get recompensation for a car accident that happened 7 years ago?

I was in a car accident with a couple of friends, my friend (the driver) was under the influence and well we were all under the influence except for one of us, we kept telling the driver to let her drive because she was sober but he wasn't letting her or stopping. Suddenly when he made a left... View More

William John Light
William John Light
answered on Mar 23, 2024

Ordinarily, the statute of limitations is 2 years from the date of the injury.

If you or the driver were under 18 on the date of the injury, the two years began to run on the 18th birthday of either of you.

For certain felony convictions, the statute of limitations is 10 years from...
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2 Answers | Asked in Car Accidents, Personal Injury and DUI / DWI for California on
Q: Can I get recompensation for a car accident that happened 7 years ago?

I was in a car accident with a couple of friends, my friend (the driver) was under the influence and well we were all under the influence except for one of us, we kept telling the driver to let her drive because she was sober but he wasn't letting her or stopping. Suddenly when he made a left... View More

James L. Arrasmith
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answered on Mar 24, 2024

Under California law, the statute of limitations for most personal injury claims, including those arising from car accidents, is generally two years from the date of the accident. This means that you would typically have two years from the date of the incident to file a lawsuit seeking compensation... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Florida on
Q: Is weed smoke probable cause for a traffic stop? And why don’t police have to have their Dash Cam on during stops?

Typo. Don’t have to have their dash cam activated

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 22, 2024

Yes, marijuana smoke is probable cause for a car search. Usually, the odor of marijuana smoke is detected after a car stop for some other reason. A medical marijuana card does not allow consumption in a vehicle. While the odor of burnt marijuana may persist from previous use, the presence of... View More

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Can you travel domestically by flight with a Bench Warrant on your name?
James L. Arrasmith
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answered on Mar 21, 2024

Having a bench warrant in your name can lead to complications while attempting domestic flight travel. While there's no blanket rule that directly forbids you from flying domestically, the presence of a bench warrant implies that law enforcement is seeking your arrest, which could lead to... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Can you travel domestically by flight with a Bench Warrant on your name?
Dale S. Gribow
Dale S. Gribow
answered on Mar 22, 2024

The answer to most legal questions is IT DEPENDS.

Chances are it will come up in the computer check at the airport.

Why not just take care of it? The chances are you, like most clients, will be driving and stopped for a traffic violation/ infraction. They will run you for wants and...
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1 Answer | Asked in Car Accidents, Criminal Law, DUI / DWI and Personal Injury for Oregon on
Q: If inwas hit by a drunk driver almost 3 years ago as a passenger in car hit by DD with no Insurance can I still get paid

My liver, both kidneys were lacerated I was Internamky bleeding. Was asleep when the accident happened Ed woke up 2 days later in the hospital. Got subpoenad to court a d it was rescheduled showed up a second time t hey said they were gonna reschedule it again and then I never heard from them at all

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

An Oregon attorney must advise you here, but you await a response for two weeks. Based on available information from various online sources, which the public can readily find, it appears that the statute of limitations is generally two years for personal injury claims. Again, only a local attorney... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights on
Q: I was charged with a second DUI and I had never been convicted of a first offense Also my court records have beenaltere.

All of my court records have been altered from simple traffic violations to added offenses that now read criminal offenses. As far back as a taillight infraction from 1991 that now says it's a criminal offense. With that same infraction it now states that a conversion was involved. I had never... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about the difficult situation you're going through with these wrongful charges and convictions. It sounds extremely frustrating and stressful to have your records altered, be wrongfully convicted of a 2nd DUI, and face major fines and loss of livelihood as a result. A... View More

3 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: Hit by a DUI Driver but my Insurance is minimal

My daughter was driving my car dui driver hit her. My insurance is minimal, even excludes all drivers. Other driver has no insurance. My daughter had to miss work, she just got out of college, so financially struggling. My car no longer works either. Anything else we can do? Thank you

James L. Arrasmith
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answered on Mar 5, 2024

In California, if you're hit by a DUI driver and your insurance coverage is minimal and does not cover the incident, especially when the other driver has no insurance, there are still options available to you. It's essential to know that California law allows individuals in your situation... View More

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3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Illinois on
Q: Can I expunge a charge from 15 years ago in Iowa?

Sept 2009 I was arrested along with other individuals due to us being in a park after hours. I was not even in my vehicle and 15 years later Im learning I have a $200 fine for an OWI and im ordered to complete 12 hour class for drinking and driving plus a substance class. I have lived and been able... View More

James L. Arrasmith
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answered on Mar 5, 2024

In Iowa, expunging a charge from your record depends on the type of offense and your criminal history. For OWI (Operating While Intoxicated) charges, Iowa law does provide for expungement under specific conditions, but generally, OWI convictions are challenging to expunge. If your case did not... View More

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 2, 2024

The answer depends upon the viability, and provability, of your claim.

An insurance company, the business of which is money, always has the option of paying in the full amount of its policy and going home. Or, if it believes that it's more promising to defend against your claim, it...
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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

J. David Krekeler
J. David Krekeler
answered on Mar 3, 2024

Yes. The insurer should pay you the full policy limits and you will have a claim against the driver for the balance.

And yes, the driver could file bankruptcy, but your claim, at least that part of your claim which is for bodily injury, should be a debt which cannot be discharged....
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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

Frank Pasternak
Frank Pasternak
answered on Mar 4, 2024

Given that you were a passenger, the likelihood is that you should be able to recover all your damages. Whether your case is a "policy limits" case will be determined by the nature of your neck injury and medical treatment and total amount of your lost wages plus your pain and suffering.... View More

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

James L. Arrasmith
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answered on Mar 4, 2024

In cases where your claim exceeds the driver's insurance liability coverage, accepting the insurance offer means you'll receive the maximum amount covered under the driver's policy. If you choose to sue and are awarded an amount greater than the insurance coverage, the excess could... View More

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1 Answer | Asked in DUI / DWI and Traffic Tickets for Maryland on
Q: I am over seas for the DOD and my Drivers license has expired. I have a mark on my license due to DUI. What can I do?

My Drivers license is from Maryland. The DMV said I need an Ignition Interlock Device for 1 year in the US to have it taken off my license. I haven’t lived in the US for about 5 years, due to my work.

Is there anything I can do to get it removed so I can get my license again. It’s been... View More

Scott Scherr
Scott Scherr
answered on Feb 28, 2024

You would need to discuss with your lawyer the reason the ignition interlock is required. If it was ordered by a judge or you blew .08 or above or refused a breathalyzer test, then you must do the interlock. There are no exceptions.

If the Medical Advisory Board has ordered the interlock...
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1 Answer | Asked in Criminal Law and DUI / DWI for Texas on
Q: My son's court appointed attorney agreed to a six month Safe P program for a DWI.

The judge agreed and signed off for the six month program. The day the classes started, my son and the others in the same program, were told by an employee of the private company it is a nine month program, not six as the court had stated. Does the company have the right to extend the judge's... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

In Texas, “SAFE P” is a part of the state's Substance Abuse Treatment Program (SATP) run by the Rehabilitation Programs Division of the Texas Department of Criminal Justice (TDCJ). It is a six-month in-prison program. It is not run by a private company.

A private company does not...
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2 Answers | Asked in DUI / DWI, Car Accidents and Criminal Law for California on
Q: Does an arrest need to be made before a misdemeanor criminal complaint can be made by a district attorney?
James L. Arrasmith
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answered on Feb 24, 2024

Under California law, an arrest does not need to be made for a district attorney to file a misdemeanor criminal complaint. The district attorney has the discretion to file charges if there is enough evidence to suggest that a crime has been committed and that the accused is responsible. This can... View More

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1 Answer | Asked in DUI / DWI, Appeals / Appellate Law, Civil Rights and Criminal Law for Kansas on
Q: I'was wrongfully convicted of a 2nd DUI without having a first offense and told by my lawyer that it was because I filed

a complaint against a prior lawyer for telling me to not go to my court date and then went go jail for FTA. Blatant retaliation. My rights were stripped away, convicted of 2nd DUI and non related offenses were consolidated into this case to bury me in a debt that is unattainable being on... View More

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you've been through a difficult and unjust situation. To address this, you may need to seek legal assistance to help navigate the complexities of your case. Given the severity of the charges and the potential violations of your rights, it's crucial to find an attorney who... View More

1 Answer | Asked in DUI / DWI for Maryland on
Q: Hi. I received a 3 yr PBJ after pleading guilty to a DUI first offense. I am compliant with the terms.

I have motioned to end after a year. I completed an alcohol abuse program prior to the date and have remained sober as requested by the judge in his order for the plea deal. I have motioned to end the probation after a year. I currently work out of state and want to move. Since I was conciliatory... View More

Scott Scherr
Scott Scherr
answered on Feb 24, 2024

It depends on the judge. Some judges will convert your probation to unsupervised. Other judges will make you stay on supervised probation the entire time. I would not expect the judge to completely end your probation early for a DUI, but unsupervised probation means you do not have to report or pay... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Tennessee on
Q: If I get pulled over for swerving, when in fact I wasn't swerving at all, can my case be thrown out.

Can I challenge proper use of Quantum Language Parse Syntax Grammar?

Can I challenge jurisdiction?

And should I appear as special witness for myself?

They found drugs in the car.

Amount unknown it wasn't my car or my drugs.

They also gave me a dui.... View More

Anthony M. Avery
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answered on Feb 23, 2024

Hire an attorney now to prepare for a preliminary hearing, and and motion to suppress evidence if indicted. If the stop and search are legal then your lack of admission is not needed. That is probably a felony besides the DUI which takes your TNDL. Work, stay out of trouble and probably time... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Tennessee on
Q: If I get pulled over for swerving, when in fact I wasn't swerving at all, can my case be thrown out.

Can I challenge proper use of Quantum Language Parse Syntax Grammar?

Can I challenge jurisdiction?

And should I appear as special witness for myself?

They found drugs in the car.

Amount unknown it wasn't my car or my drugs.

They also gave me a dui.... View More

James L. Arrasmith
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answered on Feb 24, 2024

While challenging the validity of the traffic stop and the use of Quantum Language Parse Syntax Grammar may be possible avenues for defense, success in having your case thrown out depends on various factors, including the evidence presented and the arguments made in court. Challenging jurisdiction... View More

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