Michael W Modica’s Answers

Michael W Modica

Wilmington DUI / DWI Attorney.

Contributor Level 11
  1. I'm 19 I have 3 warrents for driving without headlights and a revoked license possession of .2 grams of marijunia

    Answered 5 months ago.

    1. Michael W Modica
    2. Samuel Cohen
    3. Derek Anthony Patrin
    3 lawyer answers

    Normally, when you turn yourself in for these type of charges, which are relatively minor, the court will set a new hearing date, and may impose new bail, but usually it will be unsecured meaning you will not have to post anything. You get points for turning yourself in. However, I would meet with an attorney before you turn yourself in. An attorney may assist in arranging for you to turn yourself in and represent you at the bail hearing.

    8 lawyers agreed with this answer

  2. My husband had a slip in a store and the company assigned to his case won't call us back. Its been over a month. Can we sue?

    Answered 7 months ago.

    1. Joseph John Bernardo
    2. Michael W Modica
    3. Stephen Ross Cohen
    4. Gregory Dean Stewart
    5. David Ian Schoen
    6. ···
    6 lawyer answers

    You need to seek an evaluation by an experienced personal injury attorney to determine if there is liability, meaning that the store breached its duty of care resulting in your husband's slip and fall. If the attorney determines that there is a viable claim of negligence, then he can start the claim process. Slip and fall cases are often difficult. You definitely need the assistance of an attorney for a full evaluation.

    7 lawyers agreed with this answer

  3. I went to Massachusetts two years ago and went through a cashless toll booth without taking a ticket since I was not sure how it

    Answered 5 months ago.

    1. Michael W Modica
    2. Sean Patrick Lewis
    3. Alan James Brinkmeier
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    The usual process is that a photo is taken of your license, and after the owner of the car is identified, a letter advising of the fine for running the toll is issued to the owner. if you have not received the letter then it may be that you have not been cited. You can call the authority which operates the toll both to determine if a fine has been assessed against the owner of the car. it is always assessed against the owner as usually the photo does not capture the driver of the car.

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  4. My grandson is in boot camp he was diagnosed with narcolepsy at least a yr before being arrested. He fell asleep DI woke him up

    Answered 5 months ago.

    1. Michael W Modica
    2. Samuel Cohen
    3. Christian K. Lassen II
    4. David J. McCormick
    4 lawyer answers

    One option would be to contact the Department of Corrections, and its attorney, about making appropriate accommodations for his medical condition. Boot camp is not appropriate for people that have certain physical limitations were disabilities. Moreover, if he has a diagnosed condition, the Department of Corrections, through its medical provider, must provide appropriate care. If a resolution cannot be obtained through contacting the Department of Corrections, that a motion for modification can...

    6 lawyers agreed with this answer

  5. My arm was broken two years ago, by a patron the establishment refused to give me an accident report

    Answered 10 months ago.

    1. Michael W Modica
    2. Jeffrey Mark Adams
    3. George G. Burke III
    4. Christian K. Lassen II
    5. Frederick J. Moore III
    6. ···
    6 lawyer answers

    Delaware has a two year statute of limitations so it is unlikely you can do anything if 2 years has elapsed since the incident. If not, you can file a personal injury claim against the restaurant for negligence.

    6 lawyers agreed with this answer

  6. My question was is a dui first offender program in delaware a conviction. # 2. if it s not a conviction can i get my cdl back.

    Answered 5 months ago.

    1. Michael W Modica
    2. James C Forslund
    2 lawyer answers

    This is a good question and the answer is "it depends." Technically, the FOP does not constitute a conviction. But, if you are convicted of a second offense, the FOP will be considered a first offense for purpose of the sentence. A second offense results in a mandatory 60 day jail sentence. FOP will also be a basis for suspension of your CDL, although I do not know why it would be a lifetime suspension. But even though it is not a conviction, for CDL purposes, it does constitute a violation...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Attorney fees, would like to know what are considered viable exspenses. Travel, parking, meals, etc.

    Answered over 1 year ago.

    1. Michael W Modica
    2. Bret A. Schnitzer
    3. Gary A Kester
    3 lawyer answers

    I would need more specifics about the expenses. If the attorney had to travel out of state for a deposition some of the expenses may be legit. But I cannot see why you would be responsible for meal expenses. Your fee agreement should address reimbursable expenses. Question any expenses you did not agree to pay

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  8. How can I fight for my operating privilege not to be suspended.and lower my points.

    Answered 5 months ago.

    1. Michael W Modica
    2. Samuel Cohen
    3. Derek Anthony Patrin
    3 lawyer answers

    If you pleaded guilty already there is nothing that can be done as the conviction was reported to Delaware, and this state imposed the standard revocation period. If you had an attorney in Wisconsin he should have advised you of this consequence. Your only remedy is to attempt to withdraw your guilty plea in Wisconsin and try to work out a better outcome.

    5 lawyers agreed with this answer

  9. I was punched in the side of the head by my husbands drunk cousin at his his family's home and flew about six feet.

    Answered about 1 year ago.

    1. Michael W Modica
    2. Michael R Crosner
    3. Jeffrey Mark Adams
    4. Christian K. Lassen II
    4 lawyer answers

    Yes, make the claim. But first get medical treatment in order to be able to prove any aggravation of a preexisting condition. While insurance companies don't cover intentional acts they will often put money on the table to protect their insurers

    5 lawyers agreed with this answer

  10. Do i have a chance of getting these charges dropped completely

    Answered over 1 year ago.

    1. Michael W Modica
    2. James Regan
    3. John Leif Fossum
    3 lawyer answers

    Did you punch the bouncer or the guy who was bothering you? A jury would probably agree that he instigated your response by his inappropriate behavior. A prosecutor may agree. You should fight the charge. Most people would understand that being called those names would likely result in the type of response that you engaged in. However, if you hit the bouncer that is another story.

    5 lawyers agreed with this answer

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