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COVID-19 DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Tennessee on
Q: What is the Statute of limitation for DUI in Tennessee?

I was arrested for DUI in November of 2019, and have yet to be convicted. The case keeps getting reset due to Covid and other issues within the court. It’s now been almost 4 years since my arrest. Does this count as being past the 1 year statute of limitations?

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

If the warrant was issued within 1 year of the incident, then it is timely initiated. Your lawyer could make a speedy trial motion, but it might just get you convicted sooner. Talk to your lawyer.

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1 Answer | Asked in DUI / DWI for Minnesota on
Q: My fiancé was charged in Minnesota for a DUI almost a year ago, it will be 1 year next month. They are now telling him

They are now telling him he was never booked or fingerprinted. Can he fight that? Or does he have to comply and go in since it was their mess up and he was technically never arrested for the crime.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 24, 2021

Getting booked and fingerprinted is a requirement when someone is charged with a DWI. I’m guessing that didn’t happen because of the pandemic. So he will need to go through the process. It doesn’t take long and he won’t have to spend any time in jail.

1 Answer | Asked in DUI / DWI for Maine on
Q: I was subpoenaed to testify over a year ago, court was cancelled due to covid. Now it's on docket for next week

And I havent been subpoenaed again, but lawyer called and said I had to go.

Fred Bopp III
Fred Bopp III
answered on Jun 18, 2021

As a general rule, since you have already been subpoenaed, the subpoena would apply to a rescheduled court date. You could always call the Clerk of Court and ask them the same question.

3 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: How can i get a hardship drivers license or some kind of restricted license to work if i have never had one?

my privilege to drive has been suspended for 21 years by dmv for a second dui despite i paid for my crime in jail and through fines etc. I'm in the classes dmv wants but i need something to be able to drive now . i'm desperate im the only one providing for my family due to covid. I work... View More

David Michael Lehr
David Michael Lehr
answered on Mar 4, 2021

I am sorry that you were going through this. In general they will not you apply for it driver's licence until you complete the dui class. You can call or go to your nearest driver safety office which is part of the DMV and ask them if there's anything you can do.

Good luck.

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1 Answer | Asked in DUI / DWI for Massachusetts on
Q: Does taking a breathalyzer create a legal 90-day suspension contract for first offenders? (Massachusetts)

I was suspected of an OUI (first offense) and took a breathalyzer because I was under the impression that my license would be taken for an automatic 90-day suspension. After the 90 days, I was told by the Registry of Motor Vehicle Appeal Board that they wanted to hold my license until my case was... View More

Frederick Lewis Stoker III
Frederick Lewis Stoker III
answered on Feb 12, 2021

There is no contract here. Driving is a "privilege" and not a right and therefore it is easier for the government to suspend or revoke your driving privileges. You should use the Find a Lawyer tab at the top of the page and consult with an attorney about the next steps, if not in the very... View More

1 Answer | Asked in DUI / DWI for Michigan on
Q: I have a 3rd dui, will I do some jail time, during the Corona virus
Frank B. Ford
Frank B. Ford
answered on Feb 9, 2021

IF you are convicted of an OWI 3rd, there is a mandatory 30 days jail, and it can be up to 5 years. Without knowing more, it is impossible to say if you will actually be convicted of that. If you are convicted of OWI 3rd, the Judge may not make you serve it right away, given the pandemic. Even... View More

5 Answers | Asked in DUI / DWI for California on
Q: Did I get screwed with my plea bargain deal?

First DUI with BAC .09%. Due to COVID, i never saw my attorney or got the opportunity to appear in court. Questions and concerns often went unanswered and I was often told "don't worry about that right now". I knew I was being offered a plea deal of wet reckless, but wasn't... View More

David Michael Lehr
David Michael Lehr
answered on Feb 3, 2021

There is only a small difference between a dui and a "wet reckless." Some Counties don't give out what you got. You didn't get a horrible deal, nor a great one.

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1 Answer | Asked in DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Driveing without a liscense, I was unaware of it what should I expect/do?

I have a summary trial coming up on the 29th for driving without a liscense. I wasn't aware that it had been revoked due to covid. I had received a notice before hand but nothing after confirming it was revoked. The citation also has the wrong model car on it. This is my first time dealing... View More

Timothy Kraeer
Timothy Kraeer
answered on Jan 20, 2021

You should do what you can ahead of your trial to have your licensing issue resolved. This offense carries only a fine, but a hefty fine of $200 plus court costs. Also, if you've been convicted of this same offense in the last 5 years, your license will be suspended for 6 months. If... View More

4 Answers | Asked in DUI / DWI for New York on
Q: I live in new york and was charges with aggravated dui in may 2020 and have yet to be arrainged it was to be june 6 2020

The court postponed it, is there a time limit for the court to do so despite covid. it is being done virtually and on the phone at that court

Richard Hochhauser
Richard Hochhauser
answered on Jan 11, 2021

Unfortunately, you are in a similar situation as hundreds of individuals, as nearly all cases since the beginning of COVID have yet to be arraigned. While the statutory speedy trial time has not begin to run under CPL 30.30, there is also a constitutional right to speedy trial. Having said that,... View More

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3 Answers | Asked in Criminal Law, DUI / DWI and Arbitration / Mediation Law for Minnesota on
Q: Hi, I am having issues with fulfilling my community service hours due to COVID

I am wondering about how courts are dealing with this COVID mess and the required hours for community service. Instead of doing Sentence-to-serve, I have been approved to do community service but have been having a difficult time fulfilling my hours. My deadline has already been pushed back twice... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 24, 2020

I would expect that a probation and a judge would give extensions for this reason, but in the end would require the time to be served in jail. After all, community service is considered a jail substitute by the courts. Therefore, if it were me, I'd simply find a way to get the hours done.... View More

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2 Answers | Asked in DUI / DWI for Oklahoma on
Q: I got arrested for a dui over 6 months ago and it says they’re gonna drug test me i have my medcard can i smoke marijuan

due to covid i haven’t been able to get a court date or start a probation time and it’s been so long i feel as if i’m supposed to be covered by the medcard

Tracy Tiernan
Tracy Tiernan
answered on Nov 3, 2020

It is a big chaotic circus right now with different counties implementing different rules relating to the medical marijuana issue and probation. It sounds like you haven’t waived your trial rights or been placed on probation yet which is good. Most judges appreciate when you’re upfront with... View More

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2 Answers | Asked in DUI / DWI for California on
Q: I was charged for a 3rd dui on october 2019 i was supose to be sentenced in April can they still make me go jail

Is there anyway i can avoid jail since we are in covid 19 pandemic.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Sep 10, 2020

Your lawyer knows the most likely outcome. Many counties require actual jail time for third offenses, Los Angeles is well-known for being over crowded and for sentences being completed well before the actual release date. Your lawyer may be able to ask for a sentencing alternative and you may... View More

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3 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota on
Q: If you where ror and your conditions of release was 2 years probation. you miss your sentencing court what will happen

What will happen when you missed your sentencing court date and have failure to appear warrants but you where originally ror with conditions of release being 2 years probation. What will happen when you turn yourself in on the warrants and to what your conditions of release change for having the... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 3, 2020

You don't provide nearly enough information to intelligently answer what you might be facing when you are sentenced. There is no information here about what the charge was or what your criminal history is relative to your potential sentence. Courts have certainly been processing in custody... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota on
Q: What would be the out come when my boyfriend goes and turns his self in for 3 warrants that are for failure to appear

They are for a DUI and a domestic and for violating a danco. He had missed his sentencing court date on 1/29/20 and the domestic and the violation would have been dropped that day as I had to talk to people because the judge was the one who was pressing the charges for the domestic as I did not... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 3, 2020

It's been six months since he missed court. The likelihood that the warrants would be dismissed under the circumstances without him at least having to turn himself in is non-existent. He would need to be held for an appearance before a judge so that conditions of release could be set. He... View More

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4 Answers | Asked in DUI / DWI for Illinois on
Q: 37 yrs ago my husband had a dui in pensacola florida went to court $1000 fine he paid and 100 days community service

the community service started in 3 weeks and navy relocated him to california two weeks later. He told judge this and he said well dont ever come back to florida or you'll be arrested. California gave him a license and so did illinois where we live now. Now illinois wont reissue his driver... View More

David J. Winer
David J. Winer
answered on May 15, 2020

It is unclear from your questions whether the hold is in Illinois of Florida. I suggest that you call the Illinois DMV at 217-782-7065, give his Illinois drivers license number and ask what the hold is about and where it is from. Beware, they are closed now due to COVID and it may take awhile... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Oklahoma on

It was entered on regarding my girlfriends felony Dui-d case. Also ORAS was on there.

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2020

It appears that an amended order was filed, likely setting or resetting certain hearings (possibly due to COVID-19 and the Oklahoma Supreme Court's administrative orders pertaining to cases currently scheduled through May 15). ORAS often is used in criminal cases to refer to the Ohio Risk... View More

2 Answers | Asked in DUI / DWI for Connecticut on
Q: I was arrested Sunday and released on a DWI charge and now they want me to come back in. What should I do?

I received a call this morning saying I needed to come back down so they could give me another court. Will I be rearrested? I refused the breathalyzer, I didn’t do a field sobriety test nor did they take blood at the hospital. I’m just not sure why I would have to go back after being released.

Joseph Maya
Joseph Maya
answered on Apr 20, 2020

It is likely that the police department issued you a summons for a court date/location that is unavailable due to the courthouse closures arising from the COVID-19 pandemic. The police department is likely asking you to go into the station so they can reissue your summons for a new court... View More

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1 Answer | Asked in DUI / DWI for Michigan on
Q: Hi. So i am on sobriety court through royal oak for a dui. Due to corona virus and testing suspended.

My testing has been suspended as of today due to corona virus. My probation officer just sent an email saying my testing has been suspended for now and when the time comes i can take a hair or blood test. Is this legal?

Brent T. Geers
Brent T. Geers
answered on Apr 14, 2020

Yes. Your participation in sobriety court is voluntary (I realize that it may not have seemed like it when you plead). And as part of your continued participation, you agree to a number of conditions and waiver of some rights. Most important, you are subject to the reasonable demands and... View More

2 Answers | Asked in DUI / DWI for California on
Q: I have a dui charge. I haven’t been able to proceed with the things I need to do due to the covid-19. Do I have a right.

To get my charges dismissed or overturned because of this? Or am I just suppose to waste time and wait for all this to blow over?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Apr 14, 2020

The current situation is unlikely to result in either your charges being dropped or your conviction being overturned. Your question cannot be completely answered because charges being dropped presupposes that prosecution of your case hasn't started or been completed, whereas, overturned... View More

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