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D. Benjamin Sessions
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D. Sessions’s Answers

16 total


  • Do most people do jail for 1st DWI offense.

    Im being charged with my first DWI blowing over .15 I'm just curious how many people go to jail on a first offense.

    D.’s Answer

    Go to ncdd.com and find a qualified DUI lawyer in your area. To get some basic information about your charge and the potential consequences, go to
    http://www.ncdd.com/dui-laws-in-your-state/usa/nebraska

    Best of luck to you.

    Ben Sessions

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  • Should I hire a lawyer....or just do some crazy homework on DUI cases and represent myslef

    I was driving and my little dog jumped in the truck and hit my driving arm, in turn made me swerve and take out a brick mailbox..I was stunned and shaken up when the cops got there it started to rain and the officer wanted me to take a ride to the...

    D.’s Answer

    I rarely (and I mean extremely rarely) advise people not to hire a lawyer. As a practical matter, if the State or municipality seeks to pursue the DUI charge, you need a lawyer. That being said, if it is possible for you to wait until the results of the chemical test are returned before going to court, this may not be a bad idea based on the facts you have provided. You should know that there can be some real difficulties obtaining the results from the prosecutor unless you know the proper motions and avenues to pursue.

    Why don't you seek a consultation with a local reputable DUI lawyer and bounce some of these ideas off them? It may be well worth paying them for a couple of hours, so that you can have a well-developed (and financially viable) plan going forward.

    Best of luck to you.

    Ben Sessions

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  • Are there any states that will give me a valid Class C driver's license if I still owe fines to get my license reinstated?

    My license was revoked in Tennessee in 2007. I am eligible to get it back in Tennessee if I pay over 1000$ in reinstatement fees. I am planning to move to another state soon and I cannot afford to pay these fees. Is it possible for me to obtain...

    D.’s Answer

    As a general, no, you would not be eligible for a license in another state. If, for example, you moved to Georgia and attempted to obtain a license, you would be ineleligible until you cleared the suspension in Tennessee.

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  • What are my chances of getting a DUI dropped if I enter in to a plea of Reckless Driving? I'm on Felony Prob. I have to fight it

    I was charged with DUI Drugs in the city of Atlanta by Atlanta PD. I was charged with a DUI at 4pm on a Friday. I hit a pole no farther than a foot from one of the Atlanta streets and the officer suspected i was under the influence of drugs. The o...

    D.’s Answer

    Any plea (even to an amended charge of reckless driving) could be the basis for the revocation of your probation. You need to coordinate the defense of your DUI with the possible probation revocation. Be very careful with this. Obviously, your driver's license won't be doing you much good if you are in prison on the revocation.

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  • DUI Hospital Blood Tests

    Are blood drawn and tested at the hospital for DUI’s admissible in court? I have heard of a lot of hospitals abolishing testing for blood as it relates to DUI’s.

    D.’s Answer

    Earlier tonight I was reading about this. You should contact Justin McShane. I believe that his office is in Harrisburg. He is the "go-to" lawyer regarding this issue. I have inserted a link to his bio below. I hope this helps.

    Ben

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  • Can I travel to Italy and Greece if I have a misdemeanor Dui conviction?

    I have a florida dui conviction(first offense). I've completed everything asked of me from the courts and I'm no longer on probation. I also have my license back. I know I can leave the U.S. to travel but I was wondering if immigration officia...

    D.’s Answer

    You should consult a qualified immigration lawyer before attempting to enter a foreign country. Entering a country when the country's law prohibit you from entering could lead to a further criminal charge.

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  • My DUI was reduced to reckless driving. I did not blow. Will my license still be impacted by the lesser charge?

    I did not blow at the scene took field sobriety and was charged with dui. The charge was reduced to reckless driving in Administrative court. Will my license be impacted?

    D.’s Answer

    If you enter a plea to reckless driving prior to your administrative license suspension hearing, the administrative license suspension should be dismissed. Be sure to obtain a certified copy of the disposition to present it to the administrative law judge at the administrative license suspension hearing. I am frequently able to obtain a dismissal of the administrative license suspension hearing prior to the scheduled hearing date by relaying the certified copy of the disposition to the administrative law judge.

    If the officer agreed to a reckless driving plea at the administrative license suspension hearing but the prosecutor has not agreed to the reckless, there is still work to do on this case.

    Follow-up with your DUI lawyer. As Gus discussed in his answer, be aware of the possibility of a points suspension and consider trying to enter a nolo plea if one is available to you.

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  • Why are the officers and the system in general harder on individuals who refuse Dui tests

    my husband was arrested for DUI because he refused to take field soberity tests, breathelizer, and BAC after the officer stated they were zero tolerance. He and I did have 2 and 1/2 beers over 3.5 hour and dinner. After they arrested my husband ...

    D.’s Answer

    It is important to recognize that the bond amount set in your husband’s case is intended to secure his attendance in court to answer his charges. I know that it is frustrating knowing that people in similar cases had to post much lower bond amounts. As has been discussed, there are multiple factors (underlying traffic citations, criminal history, ties to the community, etc.) which may impact the bond amount. Ultimately, the bond amount has nothing to do with the actual merits of the state’s case against your husband. Do not let this experience deter you from seeking the advice of a qualified DUI defense lawyer.

    Also, your husband most likely received an administrative license suspension notice as a result of his refusal of the state-administered breath test. A request for hearing upon the administrative suspension must be filed with 10 days from his date of arrest.

    Please feel free to contact me if you need a referral for a DUI defense lawyer in your area.

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  • I received my DUI in Mississippi and finish taking my DUI class in Alabama, when will I get my license back?

    dui

    D.’s Answer

    Reinstating your driver's license after an "out-of-state" DUI conviction can be difficult and there are traps for the unwary. I would encourage you to contact a DUI lawyer in the state in which you were licensed. Visit the National College for DUI Defense's site to find a qualified DUI lawyer in your area.

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  • Will I lose my license?

    Got a DUI at 17 and it was reduced to Reckless Driving. I was in a car the other night that got pulled over, the driver was charged with DUI and I blew nothing. I got a ticket for possession of alcohol after the officer found out that I was only...

    D.’s Answer

    First, I grew up in Thomaston, and I know many of the lawyers that practice in the area. You can find an excellent lawyer to help you with this charge for a reasonable fee. I highly recommend that you do that.

    Second, depending upon how you are charged and whether the clerk transmits the disposition to the Georgia Department of Driver Services, your driver's license could be suspended as a result of this case. A good criminal defense or DUI lawyer will most likely be able to help you avoid a suspension.

    Be particularly careful with this case if your citation includes your driver's license number. Don't hesitate to call me if you need a referral for a local lawyer.

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