DUI and DWI Legal Questions

You can try contacting the court - best to do so in writing explaining your situation. When you did not appear for court, a warrant likely issued for your arrest. If you call or send in a written explanation, the court might then set a new date for you to appear and at that time they would quash the warrant.  Some courts have ways to get warrants quashed by showing up at certain times or days. You can call the court clerk's office and ask about that, but that would require you to travel to the courthouse.  ... Read More

Without knowin additional details regarding your case, the county, and court you are in, it is impossible to predict. However, it is not a good idea to just pay the fine for a DWI offense without having a lawyer review the evidence, facts and circumstances of your case. You may have defenses. You may be able to keep it off of your record completely - with no prior criminal history, or even no prior DWI's, you may have options available to you as a first time offender.   Even a conviction for a DWI can have lifelong consequences. Hire a lawyer you trust to defend your case. If you cannot afford a lawyer, consult with your appointed attorney before you make a decision.  Good luck. ... Read More

You can sue for anything, so technically the answer to your questio is yes, but you have no case for specific performance or psycholigical stress.  You may have a case for breach of contract, but you would not be compensated for any emotional damage caused by a breach of contract and you can't get the remedy of specific pe4rformance where performance is basically fungible.  You could hire another moving company and sue for anything you have to spend above the original contract price.  Theoreticallly, if the court finds that the moving company materially breached your contract, thereby justifiying you in replacing it, you should win.   BTW, your case obviously doens't belong in DUI, my finger slipped when I tried to list it as breach of contract.... Read More

You will have some defenses to look at in our Reckless Driving charges.  What that civilian, non police officer, witness actually saw and reported will be a serious concern.  It does happen that the police officer doesn't witness the alleged conduct and later cites you.  But it opens up the case for more defenses than normal. Reckless Driving is a Class B Misdemeanor.  Carries 80 points on your Utah driver's license.  Jail up to 6 months and a bail schedule $690 fine.    See this article for more information:  https://provocriminaldefense.com/utah-traffic-ticket-defense/ https://www.provolawyers.com/2334-2/ Jake Gunter Provocriminaldefense.com... Read More

It would be best to get your probation officer's permission to complete the program in New Orleans in order to get credit for it. If you have to do an alcohol program to get your driver's license reinstated you need to get the Colorado Department of Behavioral Health to approve the program for the DMV to accept it. Also, it is likley that your time in Colorado classes will not transfer to New Orleans so you will be starting all over again.... Read More

Interesting fact situation. In Missouri the hand held device the police have you blow into on the side of the road is not calibrated. Therefore the results are not admissible in court. Te fact you tested below the legal limit at a later time does give you some wiggle room. However, that in and of itself will probably not lead to a dismissal. The state could argue that your blood alcohol was higher at the time of the traffic stop and that it went down because of the time that passed since you had your last drink. Definetly get an attorney in your state who has experience in handling DUI cases and you might just win.... Read More

The right to a jury trial is not absolute in Pennsylvania.  That's an important distinction in your case because it sounds like this is a first offense DUI.  First offense DUI's in Pennsylvania carry a 6 month maximum sentence, which means you are only entitled to a trial by a judge.  Innocent until guilty still applies but the Judge is hearing the case, not a jury.  Second, if you were denied a hearing at your preliminary hearing you could request to have it reinstated, depending on what county you are in, that is a possible chance.  Be advised, the smell of marijuana clings to things and at six feet a person would absolutely be able to smell it if you had smoked recently.  Also be aware, that officers say they smell weed all the time and almost never actually find it.  Finally, ARD is not a bad option in most cases because it leaves you without the mandatory jail time and conviction.  Call a few local attorneys, chat with them, many do do payment plans.  If you don't like your attorney, pardon the cliche, there are many fish in the sea.  ... Read More

If your sentence included installation of an ignition interlock device, you are required to install one before reinstating your driving privileges, regardless of the the time lapse. For example, a second offense or a breath result over .15 will trigger that requirement. https://www.duilawdefense.com/dui-defense/ignition-interlock-devices/ The best place to find the real answer is with FLHSMV. Good Luck.... Read More

The breath testing device is not designed to provide an exact BAC, rather just get it in a range. If the two tests on the machine, 2 minutes apart, are within .02 of each other, it is presumed that the tests 'confirm' each other.  So I do not think this fact helps you in your appeal. That said, since neither was over .08, I assume you are under 21 and the BAC just needed to be over .02 for this DMV hearing you had. ... Read More

The law allows you to request that the Court order a refund of a portion or all of the money paid to a bonds person if the bond is reduced or vacated within 14 days of when it was posted.  The statute (below) is 16-4-110(2). You can file a motion with the court in your case and ask the judge to order the bonds person to refund some or all of the money you paid them:   16-4-110 (2) If, within fourteen days after the posting of a bond by a defendant, the terms and conditions of the bond are changed or altered either by order of court or upon the motion of the district attorney or the defendant, the court, after a hearing, may order a compensated surety to refund a portion of the premium paid by the defendant, if necessary and supported by factual findings, to prevent unjust enrichment.  If more than fourteen days have elapsed after posting of a bond by a defendant, the court shall not order the refund of any premium.... Read More

It is not double jeopardy since one is an administrative matter and the other is a judicial matter . It has been challenged in court and lost.  Having a drivers license is a 'privilege' and not a right, so they can attach any rules they like to getting one (for the most part). Sorry.  That said, you might consult with a lawyer to see if there are any other options.... Read More

Your attorney is in the best position to answer your questions. I suggest that you retain a private lawyer, who has more time to spend defending you. A reckless driving prior conviction, while it doesn't push the current DUI into a mandatory jail situation, can influence sentencing offers from the State Attorney or Judge. In fact, all prior convictions and criminal history play a part. Your BrAc over .20 isn't going to help matters, though you may have defenses. https://www.duilawdefense.com/dui-defense/breath-blood-and-urine-tests/ All the more reason to retain a private lawyer.  ... Read More