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Wayne Rodgers Foote
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Wayne Foote’s Answers

485 total


  • I was given a DUI after rolling my truck, which hit ice. I understand that my medical BAC was over legal limit.

    Because I hit my head during the accident, I was transported to the hospital. While there, they took my clothes, repeatedly denied my right to an attorney and put me on M1 hold. They placed a guard at my door and denied me food or water for 14 hou...

    Wayne’s Answer

    There are a number of issues raised by the facts you posted. A good DUI defense attorney can help you with all of them. There may also be a civil rights case for you to sue the police, but the DUI should take first priority. Losing the DUI can make a civil rights case harder to win.

    Make sure that the DUI lawyer you hire has extensive knowledge of blood testing. Blood tests for medical purposes are notoriously unreliable. A skilled DUI defender can often keep the prosecutor from using medical blood test results.

    You can find a DUI lawyer in your area by using the Find A Lawyer button at the top of the AVVO page. Many will give you a free consultation. Be sure to check the lawyer's credentials for training and experience.

    Good luck.

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  • What does this mean the suspected was tested with an in- field test kit and tested positive for amphetamine

    Let's say if on the police report said the question that I am asking and it never once did happened period (wrote a lie) so in this case what would you do

    Wayne’s Answer

    It appears you or the cops left out a word. There is no in-field test kit for testing whether a person is using meth unless a urine sample is taken. That is unlikely.

    If a "suspected substance" was tested it means they found something they suspected was a drug and used a field test kit for a preliminary test. The preliminary test tells them if it might be a drug. A laboratory test is needed to confirm whether it is a drug. You may not have seen them do this test at the scene. It is unlikely they did it in front of you in case it was negative.

    Since you have a police report you were probably charged with a crime. If so, get a lawyer.

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  • I got a DWI in Utah Sept 1010 and have a CDL can I get it off my record so I can get a job ?

    I was in a boat.

    Wayne’s Answer

    There are sometimes two ways to remove a conviction. One way is to challenge the conviction by some sort of post-conviction process. That is not usually possible unless you are facing new charges that are more serious because of the old charges.

    The other is expungement - officially wiping out the conviction. The following link will take you to a pamphlet about expungement in Utah. http://publicsafety.utah.gov/bci/documents/CriteriaforaCertificateofEligibility9-6-13.pdf. It looks like you must wait ten years to expunge a DUI.

    If this is your only DUI you may still be eligible for a CDL. It takes two DUI convictions to make you in eligible for a CDL.

    You should consult an experienced DUI lawyer in Utah for guidance.

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  • Second DUI-Low BAC, is it to much to ask for wet reckless? I have a good job and can't imagine giving this up. What do I do?

    I was pulled over for speeding on a Saturday morning around 1am. Officer administered field sobriety tests - counting backwards, alphabet, walk the line...etc.. I passed all of them on video. He took me back to the station did his paper work and g...

    Wayne’s Answer

    A prosecutor is not going to reduce a second DUI unless it looks like there is a good chance of losing the case. That is particularly true where your last one must be fairly recent because you are only 22. The only way you stand a realistic chance of winning or reducing the charge is to hire an experienced DUI lawyer. You will need a lawyer with a full understanding of every aspect of DUI defense, including breath testing. This is not going to be cheap, but if the effect on your career is as serious as you say you really have no choice.

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  • How long would 4 or 5 beers be dectectable in a urine screen?

    i drank 4 or 5 beers saturday evening my last beer was gone by 8:30pm i was given a urine screen around 2:30pm monday

    Wayne’s Answer

    Probably. Usually an alcohol-use urine test is not testing for the presence of alcohol in the urine. Alcohol washes out too fast. If you had five beers with the last one at 8:30 pm and you weigh 150#, the alcohol itself should be out of your blood by 6:30 am the next day, and out of your urine following the first urination after that. If you weigh more it will be out sooner. You can see this sort of testing would not catch many people who used alcohol because they would have to test within a few hours of alcohol use.

    Instead of testing for alcohol, these tests look for metabolites of alcohol. Metabolites form when your body metabolizes (breaks down) alcohol. The two most common metabolites that a test looks for are Ethyl Sulfate (EtS) and Ethyl glucuronide (EtG). EtS stays in your system for about 24 hours after the last alcohol use. EtG stays in your system for about 80 hours. The most common test if for EtG because it can be detected much longer. Your test was well within 80 hours. So, yes, the urine test will probably show alcohol use if you drank at 8:30 pm on Saturday and you were tested Monday afternoon.

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  • How should I go about paying back welfare overpayment before an investigation is opened on me?

    I neglected in June of 2012 to report a 2nd job to DHS in the time required. By the time I had to send in proof of income, I sent for the one they had on file but was afraid to send in the unreported one, since I figured they would kill benefits ...

    Wayne’s Answer

    The sooner you pay it back the better your chances that DHHS will choose not to prosecute. There is no guarantee that they won't charge you, but rapid, voluntary repayment gives you better chances. Make it a number one priority. If you are questioned by DHHS talk to an attorney BEFORE you answer any questions.

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  • I have recently had a hard time applying for jobs here in Maine due to an oui conviction in 2006. Is there any way I can fix it?

    The oui occurred in wells, Maine. Since then I have been in the Maine army national guard and have served in Afghanistan and was recently promoted to sergeant last year. I have saved 7 years and still have 5 left on my contract. I am trying to b...

    Wayne’s Answer

    Unfortunately, Maine does not allow a criminal conviction to be sealed or expunged. The only thing that will help you is the passage of time. The older a single OUI becomes, the more it looks like an isolated incident and not an indicator of a bigger problem.

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  • Can a Canadian Boarder Guard see my PBJ for DUI from 10 years ago?

    MD DUI with weekends served.

    Wayne’s Answer

    Assuming that you want to travel to Canada, your question really has three parts.

    The first question is one you did not post. That question is whether a Probation Before Judgment for DUI will make you inadmissible to Canada under Canadian immigration law. That question should properly be asked of a Canadian immigration lawyer. Answering the question may take a couple of hours of the attorney's time, so you should expect to pay accordingly.

    The second question, whether Immigration Canada Border Agents can see the PBJ will depend upon whether that PBJ would show up on a police record check by a United States police department. If it would show up for US police, it will most likely show up at the Canadian border. The US shares criminal and motor vehicle databases with the Canadian government.

    The third question deals with any possible motor vehicle suspension that arose out of the incident that resulted in the probated DUI. If there was a suspension it was reported to the National Driver Registry. Immigration Canada has access to the NDR and will likely find the incident. If you received a suspension for the DUI incident, even if there was not a conviction, you may be barred from Canada. Canadian immigration law bars people for "conduct" that constitutes an indictable or a hybrid offense in Canada. A DUI is a hybrid offense (it can be prosecuted in Canada by either indictment or summary process). Having a .08% BAC is also a hybrid offense (called an "80" in Canada. If you were suspended for having .08% BAC that may be considered "conduct" that is the equivalent of a hybrid offense in Canada. Again, you should consult Canadian immigration counsel.

    I do not find any Canadian immigration lawyers listed on AVVO. You might try Marshall Drukarsh.

    For more information see my AVVO Legal Guide, Traveling to Canada and DUI, at the link below.

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  • I need a criminal defense attorney in the area of social security overpayment. I have not yet been charged.

    Overpayment was posted to a deceased relatives' account. There was no forgery involved. There were no documents submitted that were false to continue payments.

    Wayne’s Answer

    Social security offenses are generally prosecuted in federal court. You want to look for an attorney who defends fe3deral criminal cases in Washington, DC. Use the "Find a Lawyer" link at the top of the AVVO pages. Many will allow a no-cost consultation.

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  • I need advice in regards to a first offense Class 1 Misdemeanor DUI I received in another state, and possible options.

    I was arrested for DUI while on vacation in AZ, 2 mo. ago, following an altercation with another in the car. I drove away to let him calm, and he called the police, who appeared about when I came back. Everyone had been drinking heavily, and I fel...

    Wayne’s Answer

    You should contact an experienced DUI lawyer in the area where you are scheduled for court. The consequences can be quite serious. If you are convicted in AZ they will report the conviction to your home state. Your home state will then suspend you license as if the offense occurred in CO.

    Do not discuss the case with the DA, at least until you understand your options after talking to a DUI lawyer in AZ. Many DUI lawyers offer a free consultation.

    Another reason to check with an AZ lawyer is that your driving privileges in AZ may be suspended. Making that 13 hour drive might land you in jail for operating after suspension.

    Do not post the facts of your case here. This is a public forum. DA's and cops can read what you post. Admissions like "everyone had been drinking heavily" can come back to hurt you.

    Best of luck with this.

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