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Wayne Rodgers Foote

Wayne Foote’s Answers

505 total

  • 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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  • If a cop pulls somebody over for a DUI but instead gives them a traffic ticket, is the DUI information carried to traffic court?

    Lets say you're pulled over and the cop breathalyzes you and you're over the limit and instead of detaining you, gives you a ride home and gives you a speeding ticket. If you challenge the ticket in court, can the cop use the fact that you were dr...

    Wayne’s Answer

    First of all, it wounds like you may have dodged a bullet. The state can bring the DUI charges against you at any time during the statute of limitations period. I do not practice in RI, but I would be surprised if the statute of limitations is less than one year. It may well be longer than one year.

    The officer may be able to use the fact that you were over the legal limit to challenge your memory if you are claiming you were not speeding. It is well known that alcohol can impair a person's memory.

    And yes, the officer might decide to pursue the DUI charge.

    You may want to consult with an attorney in your area who handles traffic matters.

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  • Traveling to Canada in June with family. Brother has pending Dui case in Virginia-lives in NH. Can he get in?

    Pending case is May, however now thinking about pushing out so he is not denied entry. Looking at Canadian border rules thinking he should just try and get temp visa, but unsure if he can get by June. If this is not even in the border system may...

    Wayne’s Answer

    A pending DUI is a bar to entry into Canada. Canada is likely to find the pending charge because they have full access to our criminal and motor vehicle records at the border. You friend should seek a Temporary Resident Permit from Immigration Canada. He would benefit from the assistance of Canadian immigration counsel. If you click on my photo with this post it will take you to my AVVO site. On that site is a legal guide I wrote on DUI and traveling to Canada.

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  • DUI felony conviction, non-death/accident/injury barred from owning firearm, constitutional challenge to the law?

    Offense occurred years ago in another state, in Colorado it would have been a misdemeanor. Since the conviction, I have graduated with another college degree and am employed. I just want to go bird hunting!

    Wayne’s Answer

    The US Supreme Court has repeatedly upheld the constitutionality of barring felons from possessing firearms, even when recognizing that the possession of firearms is a fundamental constitutional right. You best chance is to try to get the conviction expunged or removed in the state in which it occurred, if that is possible. Contact an attorney in the state where you were convicted about expungement or attacking the prior conviction.

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  • Can I obtain a Driver License in another state if one state currently has a suspension on one?

    I received a Driver License from Washington, DC three years ago when I moved to the District. I am thinking about moving to Virginia or Maryland due to the cost of living, but currently, a license a I had in another state is suspended (even though...

    Wayne’s Answer

    No, you cannot get a license in another state until you clear the suspension. Every state, all federal territories and Dc participate in the National Driver Registry. All agree that they will not issue a license to someone who is suspended in another state. When you app;y for a license in the new state you will be asked whether your license is suspended in any other state. If you say yes they will deny you a license. If you say no they will check the National Driver Registry and find the suspension. They will deny you a license and, in some cases, prosecute you criminally for falsifying the application.

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  • How long after consuming alcohol can i pass smart start device

    this is new to me, my vehicle is in shop, i am to pick up vehicle late thurs or friday, i had several drink last evening at home

    Wayne’s Answer

    It depends on a lot of factors: your weight, the amount of alcohol you drink, food that you consume, whether you smoke, how much you normally drink, and many other things. All of these things affect how fast alcohol is absorbed or how fast your body processes the alcohol into other substances. Several drinks two days before driving will not show up. But several drinks the night before may well show up, even late the next day.

    Your best bet is not to drink if your license is important to you.

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  • Can I own a gun to hunt, I had a DWI, 3rd in 25 years on 1 Jan 2009, considered an off grid felony.

    Sadly, in jan 2009 the Kansas dui law was lifetime look back, thus my 3rd, 1st diversion 1990, 2nd was in 1995, but I've been told by non lawyers since it was off the grid and unclassified? I may have sold all my guns prematurely.

    Wayne’s Answer

    I'm not sure what "off the grid and unclassified" means. If you were convicted of a crime that carried a maximum penalty of more than one year, you are a felon under Federal law unless the state in which you were convicted calls it a misdemeanor and the maximum penalty was two years or less. 18 United States Code § 921(a)(20). A felon cannot possess a firearm or ammunition. 18 United States Code § 922(g). The maximum penalty is ten years in prison.

    You should hire a lawyer to give you a written opinion stating whether you are a felon. Make sure it is a lawyer who is familiar with federal criminal law.

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  • I have two DUI's one 2005 and one 2007 . i had a commercial license class a when i got them.

    i was not driving a commercial vehicle but was in my personal vehicle. they are telling me that those dui's will both be on my record for 55 yrs. and the 4 points associated with those offenses will remain for the same amount of time. I am curren...

    Wayne’s Answer

    You may have more problems than just points on a license. A CDL holder with two DUI's will lose the CDL for life. A person with two DUI's cannot obtain a CDL. The applies even when the DUI's were in non-commercial vehicles. California applies this federal regulation.

    One possible loophole may be the date of the first DUI. Many states enacted the change around 2005. Some states do not count a DUI that occurred before the law took effect. If you DUI was before the law changed you may be able to get a CDL. I say "may be able" not "can." It is going to take someone who knows your state's laws and who then looks at your driving record to tell.

    You need to hire a DUI lawyer or a lawyer who handles CDL matters to look at your record and state law. That lawyer can then give you an opinion about whether you can get a CDL.

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  • Can a landlord/mother-in-law come over and cuss you out in front of tenants because you called cops on her drunk daughter.calif

    me and my wife rent a apt my mother in law owns we been here 17yrs and she brought her other daughter down from oregon because she was running from the law .the daughter came over drunk and pick a fight with apt b my brother in law and then she st...

    Wayne’s Answer

    There is no law against her cussing at you.

    If she threatened you with harm you may be able to get a protective order. Be aware that doing so will likely cause lots of family problems.

    If she tries to evict you from the apartment you may need to hire a lawyer who does landlord-tenant law.

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