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DUI / DWI Questions & Answers
3 Answers | Asked in DUI / DWI for Texas on
Q: I was arrested 9/12/20. 3rd DWI. My court date is 11/2/20. My discovery has not released. my lawyer is from the court

I'm worried, being court appointed, I thought I would know what's going on right now. I need to know what my options are?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 15, 2020

The court setting you mention is just the first time your case is set in court, not a trial setting. At the first setting, your lawyer will probably be given the discovery evidence in your case which you can then go over with him/her. Sometimes it takes a few days after the first setting to get... Read more »

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1 Answer | Asked in DUI / DWI and Civil Rights for Tennessee on
Q: Can u be arrstd4Dui when not in the vehicle? But tryn2get help4tryn2 kill their self got scared &went2the CCDC4help?

He got scared changed his mind he was off his mental meds cop tlkd2 him ask wat doing he was tryn2tellem when was told hands behind his back4a patdown4 thier safety cop cuffs him then 3-4all was assultin him@same time he's cuffed then in the garage it's on video slammed his face/head n2a... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2020

Yes, it happens alot. The LEO needs some evidence that the suspect was driving the vehicle earlier. Then he puts together his proof of intoxication, and he gets a Warrant for DUI. Your Friend needs a competent attorney to prepare for a thorough Preliminary Hearing.

1 Answer | Asked in DUI / DWI, Family Law and Domestic Violence for Virginia on
Q: If a judge says good behavior for a DV charge,and the ruling is AFTER you get a DWI, can he use the DWI against you?

Fiance received a ruling of good behavior for 2 years and the judge made the decision on June 1st. Well my fiance got a dwi while he was awaiting trial for the domestic violence. IF the judge made the ruling of 2 years good behavior, can the judge use the dwi against him, or would it even count if... Read more »

Paula Hough
Paula Hough answered on Oct 12, 2020

Typically, an offense that occurred before the judge's order will not violate the "general good behavior" order.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Is there any law against faking a drugtest for probation

for me to fake a drugtest for my probation officers ???

Anthony M. Avery
Anthony M. Avery answered on Oct 12, 2020

Yes... a Misdemeanor.

1 Answer | Asked in DUI / DWI for New Mexico on
Q: Post dwi I am told I need to have an iid for a year. True or false and does Santa fe have any indigent help?

If so please offer me contact information in regards to offsetting the cost of a interlock in Santa fe NM.

Stephen Aarons
Stephen Aarons answered on Oct 11, 2020

Yes, both the NM Motor Vehicle Division MVD and state statutes upon conviction in Metro, Muni or Magistrate Court, require a Breath Analysis Ignition Interlock Device BAIID or Interlock for one year for first offenders, two years for second offenders. I am not aware of any reduction in fees, around... Read more »

2 Answers | Asked in DUI / DWI for Texas on
Q: DOES A OFFICER HAVE TO FULLY DEMONSTRATE SOBRIETY TEST? IN PARTICULAR THE HEEL TO TOE TEN STEPS AND BACK?

THE OFFICER ONLY TOOK 3 STEPS WHEN DEMONSTRATING. THEIR WAS 20-30MPH WIND FACTOR WITH RAIN HORRIBLE WEATHER MY UNDERSTANDING IS NHSTA PROCEDURES STATE TEST HAS TO BE FULLY DEMONSTRATED. I ALSO FOUND A PREVIOUS CASE WHERE IT WAS DISMISSED DUE TO COP NOT FOLLOWING GUIDLINES/PROCEDURES IE NOT... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 11, 2020

The officer does not have to perform the entire test in order to properly "demonstrate" what he's asking you to do during the test. In Texas, 3 steps seems to be the usual number of steps officers show the suspect in the heel-to-toe sobriety test.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: Do i still need to go

My car was broke down and i was waiting for my boss to come and i got a Dui. This happened 15 yrs ago. Do i still need to go to classes and have the interlock installed on my car

Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Oct 10, 2020

If you never attended ASAP the DMV will require you to do so in order to get your license reinstated. The best thing to do is to contact the DMV for a compliance summary.

3 Answers | Asked in DUI / DWI for California on
Q: Got dui Didn’t complete classes Warrant issued 8 years later caught What will likely happen in court when I show up

Reinstate me or jail time for running 8 years without handling it?

William Joseph Duffy
William Joseph Duffy answered on Oct 8, 2020

Best strategy to hire a local attorney who can recall the warrant. Some courts will vacate the class, others may make you complete it now. Either way, probably no significant penalty, if any.

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1 Answer | Asked in DUI / DWI for Indiana on
Q: I need advice on a DUI case...I have a few questions if someone could please help

My case says something about released on own recognizance, I was never arrested and have 3 charges I'm facing

Andrew L. Bennett
Andrew L. Bennett answered on Oct 7, 2020

What are your questions? Many times in OWI/DUI cases there are multiple charges for similar offenses, generally, you can only be convicted of one OWI offense.

2 Answers | Asked in DUI / DWI for California on
Q: My arraignment was 00 bail and alcohol 00. Eighteen month later without my knowledge they increased my bail to 5,000

I was not to appear in court when they transferred my Jury trial treading to Temicula ca. I was not informed of this bail.

Dale S. Gribow
Dale S. Gribow answered on Oct 6, 2020

MORE INFO NEEDED.

IT CERTAINLY ON ITS FACE SOUNDS RETALIATORY FOR SETTING IT FOR TRIAL (AND OUT OF THE COMMUNITY).

WAS IT INITIALLY SET IN INDIO COURT?

YOUR LAWYER SHOULD GET SOME MILEAGE OUT OF THAT BAIL SETTING, IF ARGUMENT HAS MERIT. THEY ARE SENDING CASES FOR TRIAL ALL...
Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: I marsdins my court appointed public defender twice but was denied. What can I say or do he disrespects me.

Three months into my DuI case he was sighed into the Bar association.

William Joseph Duffy
William Joseph Duffy answered on Oct 6, 2020

A Marsden motion is where you complain to the court that your free appointed counsel is inadequate. A lawyer who disrespects their client should consider another career, especially one who serves as court-appointed counsel. However, disrespect is not considered in whether the attorney can... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: Can my DUI case be dismissed if I was not legally arrested. The officer stated on the supplemental/ narrative report I

The report states he gave me field sobriety and blood test. This is a false statement no test were taken. The warrant was not signed or approved.

William Joseph Duffy
William Joseph Duffy answered on Oct 6, 2020

False statements by a peace officer go to the officer's credibility at trial or motion. Assertions that the officer lied in a report can only yield a dismissal of the charges if you fight your case. The prosecutor assigned to file cases will take the officer at their word and file charges.... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Arkansas on
Q: 5-65-103 1ST         DRIVING WHILE INTOXICATED - DWI 1ST; MU I'm needing to know what the MU means
James E Hensley Jr
James E Hensley Jr answered on Oct 4, 2020

"MU" means "Misdemeanor Unclassified." In Arkansas Misdemeanors are classified as

A Up to 1 year in the county jail and $2,500. This is for DWI 1.

B Up to 90 days in the county jail and $1,000.

C Up to 30 days in the county jail and $500 fine.

U...
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1 Answer | Asked in DUI / DWI, Employment Law, Personal Injury and Workers' Compensation for Washington on
Q: How do I know that I need a lawyer?

I live in Kirkland, WA and am not currently employed.

Tim Akpinar
Tim Akpinar answered on Oct 4, 2020

A Washington attorney could advise best, but your post remains open for four weeks. From the brief description, it isn't clear what the matter involves, as it is posted across several categories. For starters, if you were injured (you posted under Personal Injury), you could reach out to... Read more »

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Looking for a lawyer. For my boyfriend he missed court in shepherdsville
Timothy Denison
Timothy Denison answered on Oct 4, 2020

Call my office. (502) 589-6916 if you still need a lawyer.

1 Answer | Asked in DUI / DWI, Immigration Law and Tax Law for Maryland on
Q: Can I get a driver's license in Maryland as an illegal alien who has been in the US only for a year?

Hello everyone,

I have been living in the US for just a year now. I entered with a b1 visa and overstayed it. I am aware that it is illegal but as an African, I didn't have any real chances of obtaining a residency in the US.

That said, I work hard every day hoping my American... Read more »

Mark Oakley
Mark Oakley answered on Oct 3, 2020

Yes. Maryland repealed the requirement to prove legal status in the US in order to obtain a driver’s license; however, a license obtained by an illegal immigrant is not the same as a license obtained by someone with legal status. They look similar, but it is not a legal form of identification for... Read more »

2 Answers | Asked in DUI / DWI for Virginia on
Q: I received a D.U.I. approximately 8 years ago in Virginia, i paid all my fines, but was required to attend VASAP

I was also told I'd have to have a breathalyzer installed in my vehicle for at least 6 months. Last year or so I asked for a transcript of my charges to ask the D.M.V. what I need to to start getting my licenses reinstated. Since the breathalyzer wasn't present on my transcript would I... Read more »

Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Oct 3, 2020

In classic legal form the answer is it depends. If the court didn’t order you to have the interlock in your vehicle and you simply walked without driving during your suspension time you may be able to simply finish the ASAP course and pay your reinstatement fee to get your license back.

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1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Kentucky on
Q: I would like to get expungement on my record frm Pike county, ky,,I'm single mom on sick leave for 2 months without pay,

Is there a free site to do this and did ky law change it to 10 yrs before dui drops off your records

Timothy Denison
Timothy Denison answered on Oct 2, 2020

There is not a free site that does it (that I know of) and the look back is 10 years.

2 Answers | Asked in DUI / DWI for Illinois on
Q: What happens if you violate a term of unsupervised probation for a dwi
Theodore J. Harvatin
Theodore J. Harvatin answered on Sep 30, 2020

Anything from extending it to revoking it and jail.

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2 Answers | Asked in Traffic Tickets and DUI / DWI for Illinois on
Q: I have 5,500 and $5 and unpaid tickets in Kansas I do not have the money to pay them tickets and I would like to know ho

This is in Kansas Wichita Kansas to be exact

Juan Ooink
Juan Ooink answered on Sep 30, 2020

You need to discuss this with a Wichita, Kansas, attorney. The sooner you do this, the better.

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