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Dan Lyons
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Dan Lyons’s Answers

15 total


  • Do I have a good chance of beating this case?

    I was pulled over for speeding and the officer smelled the odor of marijuana. He asked when I had last smoked and I stated that I had smoked a couple of hours ago. I was charged with a DUI based off of that statement, the odor, and "bloodshot eyes...

    Dan’s Answer

    With no field tests, how are they going to prove that you were impaired? They could rely on other indicators like mental confusion or difficulty walking around once you got out of the car. You really won't know what they rely on, if anything, until you see the police report.

    As far as a claim that you were in violation of the statute because you had positive components of marijuana in your bloodstream, how are they going to prove that without a blood test?

    It is not enough for them to prove only that you admitted you smoked marijuana sometime in the past.

    If what you say is true, this is not a good case for the prosecutor. Any good DUI lawyer should be able to help you.

    However, no lawyer can give you a solid opinion until he or she knows more about the facts in the case.

    Bottom line, go see a lawyer.

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  • I was wondering if I could plead no contest instead of guilty at arraignment in hopes of getting a reckless driving instead?

    First time dui, blew a.113 I have an arraignment coming up for this case. I was wondering if I could plead no contest in hopes of getting a reckless driving instead of a dui? Followed all protocols of police. Have never been in trouble with the la...

    Dan’s Answer

    Short answer to your question is that what you hope is not going to happen. The prosecutors will give pleas to a form of reckless driving but only if they are convinced there is a weakness in their case. It is doubtful that you're going to be able to go in without a lawyer and get a favorable plea.

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  • What is the min/max for harboring a fugitive that has a habitual driving under the influence without a license in NH.

    man had been stopped and arrested twice for driving drunk, lost his license the first time and still hadn't gotten it back the second. was spotted by a cop driving without a license a third time and had a bench warrant issued for his arrest. was h...

    Dan’s Answer

    Probably nothing. Murder case you're in trouble. DUI they will not care how he got to NH.

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  • First time dui, blew .113. Need a license to get back and fourth to work. Is this possible in DE?

    Never been in trouble with the law. Work for the state.

    Dan’s Answer

    It is true that there is a program that if it works as designed will keep you driving. However there are other options that might reach the same result but without certain downsides of that program--and there are downsides. This is really something that you should discuss with a DUI lawyer who will explain all of your options.

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  • Can a conviction for a gun charge be expunged in the state of Delaware

    I just need to know can a felony conviction for a gun charge in the state of Delaware be expunged if so how many years do one have to wait to file for expungment.

    Dan’s Answer

    No. No conviction can be expunged in Delaware. You can apply for pardon from Governor though. I tell people to wait 10 years AND have a clean record over the 10 years.

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  • My boyfriend violated his probation.

    His original charges were drug distribution. He was on probation for 4 years and he only had left 6 months, but he did not go to see his probation officer. Also, he had dirty urine. My question is: since he did not turn himself in, does that mea...

    Dan’s Answer

    Friends could be charged with harboring a fugitive. This is a criminal offense. Your boyfriend will get caught. When he does he will very likely have to go back to jail because he didn't turn himself in. He needs to turn himself in right now to have any chance of not being revoked and going back to jail

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  • How do I handle getting a speeding ticket and noise violation within two weeks of each other?

    I received a speeding ticket in NJ two weeks ago for going 30-34mph over the limit on I95. I have hired a lawyer and the result is still pending. However, this past week, at school, my apartment received a noise violation In Delaware and I plead P...

    Dan’s Answer

    The speeding ticket was before the PBJ on the noise violation and will not affect it.

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  • I have a warrant for failure to appear

    My warrant is out of the court of common pleas in wilmington, de for unauthorized use of a motor vehicle and wanted to know if i would be released the same day and given a new court date or if they would hold me until my new court date.

    Dan’s Answer

    Turn yourself in. If you don't have any outstanding warrants you will be released immediatelyThat is, unless you have already failed to appear on many other occasions.

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  • My husband got arrested for violation of probation on level 3. What will happen?

    .

    Dan’s Answer

    It depends on how serious the violation was. Best way to get a handle on what will happen is to ask the probation officer how serious he/she thinks the violation is and most importantly what the recommendation to the judge will be as to whether to continue your husband on probation. The officer may have already told your husband what the recommendation will be. Another important consideration is whether there have been previous violations of probation.

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  • What will happen to me if I'm a passenger in a car and the driver gets arrested for drug possession?

    I was riding in a car with my friend and he got pulled over for going into a one way bank to try and turn around. The officer smelled weed and took our information. He searched me and found nothing and he found under an ounce of weed in the car wh...

    Dan’s Answer

    Based on what you told me, they have absolutely no case against you. The reason you have been told to go to court is that you have been subpoenaed to testify as a witness against your friend. This does not mean you are being charged with anything. You're only a witness. You should not go by yourself, however have your parents go with you.

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