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answered on Apr 15, 2023

The answer to this question will vary depending on what State you live in and where you got your DUI. If you completed all the terms of your probation for criminal court, then you will have to go to the DMV to see what you have to do to get your license back. If you have picked up other vehicle... View More

Hopefully you've engaged with a good, local attorney. I hate to be the bearer of bad news but you're probably going to have a tough go in getting a prosecutor to do anything with drunk driving causing property damage. An example of a reduction would be operating while impaired, which is... View More

Sounds like the answer is in your question. There are court rules that govern notice periods, who has to be notified, etc. Further, the court keeps a calendar. If a particular judge hears motions on a particular day of the week, that's when your motion will be heard.

Check with secretary of state, but I suspect they will tell you you'll need to wait until your friend's DUI is resolved.

Avoid incarceration? Unlikely. The biggest risk factors are his loose ties to the community and his history of failure to appears. I know people change, but judges see that and think "this guy can't be trusted to be out in the community to do the right thing if he can't even show up to court".

Yes. But you should know there is no such thing as a "discovery packet". That is a phrase jailhouse lawyers use all the time, and get frustrated when told there is no such thing. "Discovery" is nothing more than facts or evidence the prosecution relies on for trial. In many... View More

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... View More

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

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... View More

Not true at all. There are guidelines that determine when cases should be completed. And there is a right to a speedy trial. But it's not at all what people think it means.

Assuming your headlights were off during the dusk-to-dawn period, it sounds like the stop was valid. Of course, a lawyer may want to know exactly where the police officer was to have observed your headlights. If the stop is valid, and your BAC was over 0.08, you need to start thinking mitigation... View More

If you cannot afford to hire an attorney, then you will get one appointed for you when you go to court. They will help you. If you can afford an attorney, my associate does a great amount of these types of cases, or you can keep searching and find someone else.

Possibly. You can petition to have the court restore your civil liberties (e.g. gun rights).

There is a court of appeals case that says that you can. Tread carefully though....there can be a difference between what the court of appeals says the law is, and what individual judges determine it to be.

That judge is not the only one...what can be done? Appeal a revocation or sanction of probation.

While it sounds like you are disappointed in the case outcome, DUIs can be tough to defend. If your husband was driving, and his BAC was over 0.08...I'm not sure what benefit going to trial... View More

Depends. Generally, the road to a license again involves a period of time with an interlock device ("blow and go") with a restricted license prohibiting the person from driving any car without it. So at least as a practical matter, the applicant would need vehicle access for which an... View More

I doubt that they will allow you to have a reconsideration. But to answer your question, if they did give you a hearing for reconsideration and you again lost, you could still appeal to Circuit Court, if the situation falls within one of the limited circumstances in which an appeal to the court is... View More

What does your judgment of divorce say about legal custody? If you don't have joint legal custody, then if she went to jail, it's possible for the children to be placed in the care of someone else.

Typically not; community service hours are ordered for a reason. Best thing to do is talk with your probation officer about what is expected of you and what you can do before it becomes an issue for the judge.

Absolute sobriety. You will need to fill out an application, and submit it to the Secretary of State along with a professional substance abuse assessment and at least three support letters. You will then have to attend a hearing with an administrative hearing officer. If you can prove absolute... View More