DUI and DWI Legal Questions

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DUI and DWI Questions & Legal Answers - Page 9
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Recent Legal Answers

Can I get an arrest removed from my record?

Answered 8 years and 5 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You can file a motion with the trial judge to 'vacate' the earlier judgment, enclosing an affidavit swearing to the true facts, and supplying documentation which supports your assertion. Best to hire a lawyer and try to collect the cost from your sister.
You can file a motion with the trial judge to 'vacate' the earlier judgment, enclosing an affidavit swearing to the true facts, and supplying... Read More

After being ordered to enroll in DUI classes first offense and did not go, can I go back to court and ask judge for jail time instead?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes, you do, and no you cannot substitute classes for jail. You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the underlying charge is a misdemeanor, so it is less risky for you.
Yes, you do, and no you cannot substitute classes for jail. You should hire a lawyer to go to court to recall the warrant. A lawyer can do this... Read More

Will I go to jail if I recently violated because I was driving?

Answered 8 years and 5 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
There is no Yes/No answer. What happens is dependent on the Judge. Most will consider why you violated the court's Order.
There is no Yes/No answer. What happens is dependent on the Judge. Most will consider why you violated the court's Order.

What should be done if I got a DUI, but I was not driving the car?

Answered 8 years and 5 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. No driving defenses are common, so prosecutors will never dismiss just because the defendant claims he/she wasn't driving. You need to fight it.
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. No driving defenses are common, so prosecutors... Read More

Can I get a dwi expunged off my driving record.

Answered 8 years and 6 months ago by Richard Lane Hughes (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
YOu can get a DWI sealed (what we used to call expunged). However, you will likely only be able to seal the initial conviction pursuant to the first offender law. There may be cause to seal another. The event will still count as a prior conviction for a future DWI conviction enhancement purposes.... Read More
YOu can get a DWI sealed (what we used to call expunged). However, you will likely only be able to seal the initial conviction pursuant to the first... Read More

If I am going to court today for my third DUI and I take the plea bargain, will I be arrested and taken in from court today?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Quite possibly. The minimum for a 3rd offense is 120 days. Talk to a DUI specialist.
Quite possibly. The minimum for a 3rd offense is 120 days. Talk to a DUI specialist.

If I got arrested for DUI on private property, I was just moving the vehicles so my friend can go to work, what should I do?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Doesn't matter, private or public. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Doesn't matter, private or public. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.

What is the likelihood of jail time if I was arrested for an OWI and my BAC was over 0.15?

Answered 8 years and 6 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: DUI/DWI
This varies from county to county and court to court. Talk to a criminal lawyer in the community where you were arrested to get a good answer to this question.
This varies from county to county and court to court. Talk to a criminal lawyer in the community where you were arrested to get a good answer to this... Read More

If given a citation for an OWI, how can I get my record clean?

Answered 8 years and 6 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Fight the charge or try to negotiate a lesser charge with the prosecutor. Retaining a lawyer is almost always worth the investment.
Fight the charge or try to negotiate a lesser charge with the prosecutor. Retaining a lawyer is almost always worth the investment.

What will happen at a DIU arraignment hearing?

Answered 8 years and 6 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
At your arraignment you will be asked to enter a plea to the charges and the court will set your matter for trial. It's possible that the DA will offer you a settlment. If this is your first DUI you could be facing a 10-30 day jail sentence. If you are able, you should hire an attorney to appear on your behalf. If you hire an attorney you will not have to attend court. At best, call around to discuss your options.... Read More
At your arraignment you will be asked to enter a plea to the charges and the court will set your matter for trial. It's possible that the DA will... Read More

What can I do if my license is suspended even though I was never arrested?

Answered 8 years and 6 months ago by Andrea Rogers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The police don't have to arrest you even if they charge you. It is perfectly legal to mail a ticket for DWI to you. Moving to another state does not solve the problem. You will never get the arrest warrant or the driver's license suspension lifted until you take care of the ticket for DWI. Hire an attorney who specializes in DWI and have the attorney take care of it for you.... Read More
The police don't have to arrest you even if they charge you. It is perfectly legal to mail a ticket for DWI to you. Moving to another state does... Read More

Will I still be required to complete an 18-month program if I had a DUI in 2003 and 2008?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes. But before that, you will need to clear up your warrant(s). You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the underlying charge is a misdemeanor, so it is less risky for you.
Yes. But before that, you will need to clear up your warrant(s). You should hire a lawyer to go to court to recall the warrant. A lawyer can do this... Read More

I heard that for the first DUI I won't face any jail time, is it true?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You should understand in all DUI prosecutions the suspect has a BAC of 0.08% or above (of they refused). With that said, many of these cases can be beat. For now, you should at least hire a lawyer to protect your license. You have only 10 days to do so.
You should understand in all DUI prosecutions the suspect has a BAC of 0.08% or above (of they refused). With that said, many of these cases can be... Read More

If I havenโ€™t been paying my court fines causing a warrant but I have been doing DUI issued by court, will I be arrested?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the underlying charge is a misdemeanor, so it is less risky for you.
You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the underlying charge is a misdemeanor, so... Read More

How do I fix my driver's license if I had two DUI's when I was 19?

Answered 8 years and 6 months ago by Michael B. Dungan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If you received two drunk driving convictions within a seven year time period, your driving privileges were revoked for one year. After that year runs, you are eligible for a hearing with the Driver Assessment and Appeal Division of the Secretary of State where you will ask for driving privileges, and they will say yes or no. There is no short cut, you have to have a Secretary of State hearing which involves sending them documents before the hearing (evaluation, drug screen, support letters, etc.), and then the hearing itself where you will have to prove you are no longer a threat to drink and drive. There is a lot more to it, too much for an e-mail. You should seriously consider working with a lawyer that has experience in this area, if you are denied, you have to wait another year to try again.... Read More
If you received two drunk driving convictions within a seven year time period, your driving privileges were revoked for one year. After that year... Read More

What happens if my boyfriend is held at a police station for DUI and possession of weed?

Answered 8 years and 6 months ago by Mr. Randy M Lish (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
He can be charged with DUI,, possession of drugs and paraphernalia, and any other charges that may arise from the facts of his stop and arrest. Without looking at the police report, I can only guess at all of the charges he could face.
He can be charged with DUI,, possession of drugs and paraphernalia, and any other charges that may arise from the facts of his stop and arrest.... Read More
Your problem is that the jury would have to believe that some unknown person drove you into that ditch. You need to hire a lawyer to represent you and find the "unknown female" in order to have a reasonable chance of winning at trial.
Your problem is that the jury would have to believe that some unknown person drove you into that ditch. You need to hire a lawyer to represent you... Read More

Can my case be thrown out if the officer said my BAC was 2.39 when he meant to put .239?

Answered 8 years and 6 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Doubtful, either way, you were over the limit in Florida. It really depends on the Judge, it never hurts to raise the issue.
Doubtful, either way, you were over the limit in Florida. It really depends on the Judge, it never hurts to raise the issue.

Can a police officer impound my vehicle?

Answered 8 years and 6 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes, so long as the cop has circumstantial evidence that you must have been the driver just moments ago, of you simply talked and "copped out." Time to shop for a lawyer for the upcoming misdemeanor in court.
Yes, so long as the cop has circumstantial evidence that you must have been the driver just moments ago, of you simply talked and "copped out." Time... Read More

How long do they have to charge me for a DUI?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
1 year.
1 year.

Would there be anything we could do in his DUI case?

Answered 8 years and 7 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Not enough information to form an answer. See a local attorney ASAP.
Not enough information to form an answer. See a local attorney ASAP.

I stopped my community service and need to go to court. What fines should I expect?

Answered 8 years and 7 months ago by Edward J. Dimon (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You should be proactive and resume community service and pay all the fines and attend the IDRC classes. The fine will then be minimal. Ed Dimon
You should be proactive and resume community service and pay all the fines and attend the IDRC classes. The fine will then be minimal. Ed Dimon
We are seeing many more cases like this because the computer records make this charge possible. We work out a deal with the prosecutor reagarding the 1992 warrant. Is the 1992 warrant from NJ ? We can get this corrected. Please call. Ed Dimon, Esq. 732-797-1600
We are seeing many more cases like this because the computer records make this charge possible. We work out a deal with the prosecutor reagarding the... Read More

TICKETED FOR DUI re SINGLE CAR (MINE) accident. I had taken oxycodone prescribed meds [continuous presc.. for 6 years]. is this a viable defense?

Answered 8 years and 7 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You should really consider hiring a lawyer to represent you on the DUI. Most people are shocked to learn that they can be charged for driving under the influence of prescription medicine. Also, you only have 10 days from the date of your arrest to schedule a DMV hearing or your license will be automatically suspended. ... Read More
You should really consider hiring a lawyer to represent you on the DUI. Most people are shocked to learn that they can be charged for driving under... Read More

Is there any way to get out of serving jail time for a DUI for a 20 year old?

Answered 8 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. But first things first. You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the underlying charge is a misdemeanor, so it is less risky for you.... Read More
Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. But first things first. You should... Read More