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Wayne Rodgers Foote
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Wayne Foote’s Answers

530 total


  • Is it possible I could be eligible for a license in N.C.? Can I pursue a license in N.C. even though I'm not eligible in N.Y.?

    I have 5 dwi convictions in N.Y. and I'm considered a habitual offender and therefore have a lifetime revocation on my license. Only my last offense is less than 10 years old. I'm now living a sober life trying to repair my past. I'm interested in...

    Wayne’s Answer

    North Carolina is a member of the Interstate License Compact. Even if it were not a member Compact, the NY suspension would show up in NC because all states are members of the National Driver Registry and refuse to issue licenses to people who are suspended in other states. Some states, notably Colorado, will issue licenses to persons who are suspended in other states if that person would be eligible in Colorado. Even Colorado, however, requires the person to wait ten years. You will need to hire NC counsel to determine whether NC is one of those states.

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  • Selling drugs 1000 feet of a school 4 caunts.

    they do knot have me on video or tap that the say they have selling any thang ......wondaring well the da look at that video and tap two get a leser plea .

    Wayne’s Answer

    This is an extremely serious charge that can result in years in prison. You need to hire an attorney right away. No one can tell you what the DA will do without a lot more information. You should NOT post that information here. Hire a lawyer now.

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  • What can I expect at my first time of oas driving under suspension that I was never notified fro DMV??

    I was pulled over for no inspection, insurance over due 3 days had to fie an sr22 which I did for having no insurance nor registered over 3 years ago. paid fine never arrested. I was not contacted in any way from DMV that I could not drive I was g...

    Wayne’s Answer

    If you are convicted of OAS the BMV will suspend your license, regardless of the plea deal you may arrange in court. You need an attorney. If the state is not asking for a jail sentence the court will not appoint an attorney, and you will need to hire your won lawyer. Look int he Augusta area as there are several good lawyers there and this will be in the Augusta court.

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  • When charged with an open container. Are they supposed to do a field sobriety test

    Case number 32:300

    Wayne’s Answer

    There is no requirement that police have you do FST's because you have an open container, but they can consider that you have an open container when deciding whether to have you do FST's. Police need evidence to suspect that you are under the influence before they can have you do FST's. The amount of evidence they need is called reasonable, articulable suspicion (RAS). RAS is enough evidence to make a reasonable police officer believe you might be DUI. That could be erratic driving and evidence of alcohol consumption. An open container is evidence of possible alcohol consumption.

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  • Do police have the right to breathalyze passengers when the driver blew a double 0

    So we get pulled over for a broken tail light I'm underage an the only one drunk in the car just getting a ride from my friend. The police pull us over breathalyze the driver who blows a double 0 and breathalyzes the 21 year old who owns the car w...

    Wayne’s Answer

    This is a question with no clear answer. It may be that the police cannot require you to take a breath test without a warrant. The law is not clear on that issue. However, even if they cannot legally give you a breath test, it may not help you on a minor in possession charge.

    A couple of years ago the US Supreme Court ruled that a blood test is a search of a person that requires a warrant in some cases. An earlier Supreme Court ruling said that a breath test was also a search. Since those cases lawyers have been arguing that a breath test without a warrant is illegal. Some courts agree and some do not. So there is no clear answer whether police could legally give you a breath test.

    Even if it was illegal, they may still be able to use it against you in court. If a minor in possession charge was a criminal charge you could ask the court to suppress the test result because it was illegal to give you a test. If a judge agreed the state could not use the test result against you. If a MIP charge is civil (non-criminal) most states will not suppress evidence because it was illegally obtained. So if the MIP charge is a civil charge they can probably use the test result against you.

    A lawyer should be able to tell you whether you are facing a civil or criminal charge, and whether you have a chance of excluding the test.

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  • Can I get charged an oui for driving on my own private property?

    Police came to our house on an unrelated issue, I got arrested for oui while moving my truck from the side yard.

    Wayne’s Answer

    Yes, you can be charged for OUI in Maine for driving on private property. Maine's OUI law prohibits impaired driving anywhere in the state. Contact Jihn Webb, an attorney listed here on Avvo. He is in York County and can help you.

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  • Can I reinstate my license if I move out of state?

    I was arrested for a second offense DUI in Pennsylvania. I have it set up to serve house arrest in PA and probation in Virginia has agreed to accept my probation at the time. With my license being suspended in PA can I get a license in Virginia ...

    Wayne’s Answer

    You cannot obtain a license in any state if you are suspended in another state. Every state asks on the license application whether you are suspended in any other state. They will not issue a license if you say yes. If you say no you risk further criminal charges for making a false statement and the state finds out about PA. VA will find out about PA if you answer "no." All states report suspensions to the National Driver Registry. VA will check the NDR when you apply for a license. They will find the PA suspension. The only exception to this that I know about is that CO will issue licenses to people suspended more than ten years if they become CO residents.

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  • Is the lifetime suspension of a CDL after a second dui absolute? How about a deferred judgement on a second dui?

    Can a deferred judgement on a second dui affect a lifetime CDL suspension? I pose this question in reference to the State of Idaho but I am also interested how other states in the country deal with this.

    Wayne’s Answer

    A DUI conviction or administrative license suspension for .08% BAC or a test refusal will result in a one year CDL suspension. A second of any of these is a lifetime loss of CDL. If there is a suspension or any conviction associated with the deferred judgment it may trigger license loss. You need to talk to Idaho counsel because they will understand the workings of the Idaho deferred judgment law. If a lifetime loss is triggered, the federal regulation provide for a review and possible reinstatement after ten years.

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  • Will a Dui arrest without a conviction prevent entry into Canada?

    I was arrested for a DUI in May. I have a lawyer and and have not been convicted, but I was wondering if this will still prevent me from entering Canada while on vacation.

    Wayne’s Answer

    The answer is that it can. Also, if your license was suspended administratively by the DMV, that can be a bar to entry into Canada. There are permits you can try to obtain. You need to contact Canadian immigration counsel. Under Canadian law only an attorney licensed in Canada can help you apply for these permits.

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  • What do police officers use your license plate number for?

    I was stopped while getting my mail and the police officer read my license plate number into his radio and also my car description. I was not given a ticket, just a warning. I just want to know if I have a "record" now, or if it was just to see if...

    Wayne’s Answer

    If you were issued a warning that will show up if police stop you during the next year or so and check your history. If you have another driving issue they may issue a ticket next time since you had a warning this time. Warnings do not show up on your Maine BMV record or in the National Driver Registry. Those are the two sources your insurance company would use to check your license and driving status. So a warning should not affect your insurance.

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