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Wayne Rodgers Foote

Wayne Foote’s Answers

503 total

  • Any cases sited where smart start machines read alcohol levels (although small .003) that were not from drinking? Acid reflux.

    How reliable are these readings. Any false positives

    Wayne’s Answer

    There is a potential for false positives with IID devices. Acid reflux is not a good excuse. Acid reflux requires you to have consumed alcohol recently for it to affect the IID. Talk to a good DUI lawyer in your area about this.

    See question 
  • Can we (as NM residents) ignore AZ photo enforcement ticket that we received in the mail?

    NM resident received AZ photo enforcement ticket ($230) in mail because of driving 61 in a 45 zone at night. (We did not see the warning signs...). Since we were not served by a police officer, is the ticket valid?

    Wayne’s Answer

    If you ignore the ticket AZ will likely default you. If you are defaulted and you do not pay the ticket you will be suspended by AZ. AZ will then report the suspension to NM under the Problem Driver Pointer System and NM will suspend you until you are cleared in AZ. NM will probably charge you a fee to reinstate your license after you clear in AZ. AZ will likely charge you a fee, too.

    Either fight it or pay it, but don't ignore it.

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  • Should I challenge my ticket or just pay it and hope Massachusetts doesn't get word of the incedent?

    I have a Massachusetts JOL and I was given a "complaint" in New Hampshire. The trooper filled out the ticket wrong saying that the speed limit is 65 but it was changed in January from 65 to 70. I was on 93N. He said he had me on radar going 80 but...

    Wayne’s Answer

    Massachusetts will almost certainly find out about a ticket in NH. Both state are members of the Problem Driver Pointer System. NH will report to MA if you admit the violation.

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  • I was arrested for simple assault domestic violence 7 yrs ago.I was charged fined and 48 hours in long till it is clear

    It was between my ex husband and I charges on him never processed. I have had several background checks done and some show some do not. This was in Mississippi. I currently live in LA. I am presently trying to seeking employment within CJ system. ...

    Wayne’s Answer

    A criminal conviction is forever. It doesn't go away. It is unlikely that you can get a criminal justice job because you cannot ever possess a firearm.

    You might investigate and see if Mississippi allows for expungement of the conviction. You should contact a criminal defense lawyer in Mississippi.

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  • In the state of New Hampshire I was charged with two Class A Misdemeanors false report, theft and Felony Theft what should I do

    I am waiting on my attorney for more insight and my arraignment is fast approaching. After being sick with untreated bipolar depression, anxiety and PTSD I was charged with the following. After reporting a rape and violence in an abusive relations...

    Wayne’s Answer

    This is not a question we can answer here. There is too much about the case we do not know and that you should not post. You have an attorney. Talk to your attorney. that is where you will get the best advice.

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  • If you have a warrant for your arrest in Arkansas, and you live in Tennessee, can they arrest you in Tennessee?

    If they have your address in Tennessee? Just a question

    Wayne’s Answer

    Yes, you can be arrested in one state on a warrant from another state. If you are arrested the state issuing the warrant must extradite you to that state. Depending upon the seriousness of the crime, the state may or may not go to the expense of extradition.

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  • My fiancee is being charged with a felony that I have already taken responsibility for, and not charging me... Why?

    The charge is possession of a firearm by a convicted felon. It was found during a search warrant not in possession of anyone. The motel was in my name. I told the detective it was mine and answered specific details they asked about it. My fiancee ...

    Wayne’s Answer

    I am assuming you are not a felon. Possession can be more than actually having the firearm in one's hands. Constructive possession means having both the ability and the intent to possess a firearm. With two of you in the same motel room with the firearm, you both have the ability to possess it. The police do not have to take your word or your fiancee's word.

    It is impossible to tell what the chances are of conviction with this information. You should not post more information on this site. Prosecutors and police can read it, too. Your fiancee should get an experienced criminal defense attorney to handle this case.

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  • Are electric bicycles classified as bicycles or scooters in your state?

    Because of a DUI, I probably need to get a bicycle just in case. In my state, you don't need a license to ride one, but they aren't yet classified as bicycle. So, I'm wondering, in your state, what is their legal classification? answers outside...

    Wayne’s Answer

    In Maine it is a motorized bicycle: Title 29-A Maine Revised Statutes, section 101(41):

    41. MOTORIZED BICYCLE OR TRICYCLE. "Motorized bicycle or tricycle" means a bicycle or tricycle that:

    A. May have pedals to permit human propulsion; and

    B. Has a motor attached to a wheel that is rated at no more than 1.5
    brake horsepower and has a cylinder capacity capable of propelling
    the vehicle unassisted at a speed of 25 miles per hour or less on a
    level road surface.

    But the definition in my state will do you no good. You need to find out about your state.

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  • I am a diabetic and Jeffersonville police department is trying to charge me with a DUI.

    I googled breathalyzer and being a diabetic. I was amazed at what I learned. What are the steps to defend myself. Retired Army Vet ABRAHAM STEPHENS...

    Wayne’s Answer

    Your chances of successfully representing yourself with a diabetic challenge to the breath test is vanishingly small. The defense takes a thorough knowledge of the breath test device and science, diabetes, the rules of evidence and significant trial skill. You will need expert witnesses to testify about diabetes (ketoacidosis in particular) and the breath test machine used.

    You need a skilled DUI defender.

    Put another way, what are my chances of successfully leading a platoon in an enveloping assault on a fixed position? Hire an expert.

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  • Do I need to hire a lawyer for petty larceny? What will most likely happen in court?

    I was unfortunately caught shoplifting $27 worth of merchandise (undamaged) from Rite Aid (Vermont). They took all my information, wrote up an external loss incident report, and called the police. Rite Aid said I would have to pay them roughly $60...

    Wayne’s Answer

    You should consult an attorney to see if there is anything to be done about the charge. A theft charge will follow you for the rest of your life. It is much harder to get a job with a theft charge. Other professions might be closed to you. These include nursing and occupations where you would be in a position of trust or dealing with people with reduced capacity to help themselves.

    Do not talk to the police or Riteaid. Paying Riteaid twice the value of the property will not make the criminal charge go away. Talk to a lawyer.

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