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Douglas Warren McDonald Jr.

Douglas McDonald’s Answers

67 total


  • I served a prison sentece 7 years ago for dui. no new charges until this week, another dui. what are the chances for probation

    its been over 8 years since my last dui, got a new one last night, what are the chances to beat this or just get probation?

    Douglas’s Answer

    call

    J. J. Paul, III, Fellow, Board Certified in DUI Defense Law
    Address
    141 East Washington St., Ste 300
    Indianapolis IN 46204
    Email: jjpaul@vzphmlaw.com
    Website: http://www.vzphmlaw.com
    Complete Details
    Phone: 317-632-4463
    Fax: 317-631-1199

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  • How to finalize my DUI expungement in Franklin County, PA

    I got a DUI when i was 19 in Franklin County, Pennsylvania (4 years ago). it still shows on my record, i was told after i was done with ARD to contact my lawyer. He never answered back to me. I thought that i was done and my DUI was expunged? Howe...

    Douglas’s Answer

    In Pennsylvania, to get adult criminal records expunged, the individual must file a Petition for Expungement with the Court of Common Pleas in the county in which the offenses occurred. At the time the petition is filed, a hearing is scheduled before a judge who will determine if the expungement request should be granted.

    With two exceptions, only non-conviction data can be expunged. Non-conviction data includes:

    1. Arrest records that show no disposition took place after 18 months and the court of the proper jurisdiction certifies that no action is pending.

    2. Cases that were dismissed or discharged because of lack of evidence or lack of prosecution or because there was no finding of guilt after trial.

    3. Cases that were dismissed or discharged because the offender successfully complied with the terms and conditions of certain pretrial dispositions such as the ARD (Accelerated Rehabilitative Disposition) program.

    Conviction data may be expunged where the offender is 70 years old and has been free of arrest for at least ten years following his or her final release from supervision. It may also be expunged where the offender had been deceased for at least three years.

    In determining if the request for expungement should be granted, the court will take into consideration many factors. These include damage to the individual's reputation, his livelihood and future earnings capacity, the nature and gravity of the offense, the individual's prior criminal history and the state's interest in preserving the record to protect the public.

    State law specifically prohibits the courts from expunging records, even though the offender has successfully complied with the terms of ARD where he or she had been charged with certain sexual assault or related offenses against victims under the age of 18.

    The Court order for expungement will be promptly submitted to the Pennsylvania State Police Central Repository for Criminal History Information in Harrisburg, Pa. This agency will disseminate the order for expungement to all other agencies who have previously receive the information that is the subject of the order.

    It is important to have complete and accurate criminal history information when filing your request. The Petition for and proposed Order of Expungement must contain by statute information such as the subject's name, date of birth, social security number, the offenses with which the subject was charged, the case's docket number, the offense tracking number and the disposition of the case. If this information is not contained in the Petition, the court will dismiss it.

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  • Do you have any suggestions as to a plea letter for early release on a dui 3rd offense?

    My husband is currently serving 180 day sentence on his 3rd dui offense. He has completed half of his time as of 2/20/10. I would like a suggestion as to possible letter content to request the consideration of release after half of the sentence ...

    Douglas’s Answer

    this is the only attorney i know of in your state that limits his practice to dui. you may get on the right track:

    Brad A. Schreiber, General Member, State Delegate
    Address
    740 E. Sioux Ave., Ste. 109
    Pierre SD 57501
    Email: brad@xtremejustice.com
    Website: http://www.xtremejustice.com
    Complete Details
    Phone: 605-494-3004
    Fax: 605-494-3005

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  • My judge has had legal issues. how can I reopen my case and fight her decision while she was on the bench?

    The judge that presided over my case has since had two DUI's and guilty of accepting money from people who had pending cases before her. I had a plea agreement. She denied it and opted for a lengthier sentence. Is it possible to reopen the case...

    Douglas’s Answer

    call either attorney for free advice, they each specialize in dui

    Timothy Huey, Sustaining Member, State Delegate
    Address
    1041 Dublin Rd
    Columbus OH 43215
    Email: timhuey@sbcglobal.net
    Complete Details
    Phone: 614-487-8667
    Fax: 614-573-7232


    Jeffrey C. Meadows, General Member
    Address
    8310 Princeton-Glendale Rd
    West Chester OH 45014
    Email: jmeadows7@aol.com
    Complete Details
    Phone: 513-777-2222
    Fax: 513-870-5442

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  • I got a dui in washington but live in oregon what do i do i really need advice?

    I got stopped and i had quit drinking 5 hours prior to driving and took a nap so i didnt think i was still intoxicated i blew a .17 i have court in two days and im not sure what to do. im also under age i have no priors i have one ticket for wrong...

    Douglas’s Answer

    call either attorney , both are dui only lawyers

    William K. Kirk, Regent
    Address
    4040 Lake Washington Blvd Ste 300
    Kirkland WA 98033
    Email: wkirk@cowanlawfirm.com
    Website: http://www.cowanlawfirm.com
    Complete Details
    Phone: 425-822-1220
    Fax: 425-822-8046

    or

    Douglas L. Cowan, Fellow, Founding Member, Board Certified in DUI Defense Law
    Address
    4040 Lake Washington Blvd Ste 300
    Kirkland WA 98033
    Email: cowan@cowanlawfirm.com
    Website: http://www.cowanlawfirm.com
    Complete Details

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  • DUI probation violations.

    Got a dui in Jan 2007. My second one. Did not go defered. Three years later while on vacation I had police contact at a hotel where we were staying. The poplice had been called do to a argument. The police were taking their report and had ask...

    Douglas’s Answer

    The court may use the assessment as a guide and may not “go by” or be bound by the results of the guide depending on your jurisdiction. There is no need to get another assessment

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  • Question about a hardship lic

    I had a hardship lic because i got a dui ...I got stopped on my way to home and arrested for driving on a suspended lic because my hardship lic expired I just completly forgot...is this really driving while suspended or driving while expired???

    Douglas’s Answer

    it would not be unreasonable to convince the prosecutor that you were driving without a license as opposed to driving on a suspended license if, you can get your full privileges reinstated asap.

    call: R. Parker McFarland, Jr., General Member
    Address
    309 Pirkle Ferry Rd Bldg B
    Cumming GA 30040
    Email: parker@mcfarlandmcfarland.com
    Website: http://www.mcfarlandmcfarland.com
    Complete Details
    Phone: 770-889-2522
    Fax: 770-889-1099

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  • Cause to make a traffic stop?

    What reasons could an officer use to stop a car for dui...if no traffic infractions were made ?

    Douglas’s Answer

    in Georgia there must be probable cause to believe that a crime is or has occured. there is a very bad case from the united states supreme court that allows evidence gathered from the stop even if the officer had an ulterior motive see: Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996).

    call:
    R. Parker McFarland, Jr., General Member
    Address
    309 Pirkle Ferry Rd Bldg B
    Cumming GA 30040
    Email: parker@mcfarlandmcfarland.com
    Website: http://www.mcfarlandmcfarland.com
    Complete Details
    Phone: 770-889-2522
    Fax: 770-889-1099

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  • Hello - I got a speeding ticket and possession now im forced to take classes & re-instatement i knew nothing of due to the clerk

    I got pulled over in Crisp County Georgia for speeding and possession of less than an ounce (0.5 grams) of Marijuana. I paid about a thousand dollars to get out that nite. Then I had court weeks later.. I spoke to the clerk she told me if you dont...

    Douglas’s Answer

    Under the Driver's License Compact, member States must communicate the fact of a conviction for DUI to the "Home State". The "Home State" then takes action against the license under its own laws. Forty-five States are currently members of the Interstate Compact.

    Out of State convictions count. Under all but a few geographical exceptions, it will be impossible for an out of State resident to avoid serious consequences in their home state. Suspension can however be avoided if proper steps are taken in the Courtroom and with the DMV.

    In addition to the Compact, non-residents need to be concerned with the impact of any action taken by the DMV in the offense State against their right to drive in their home State. Many out-of-state residents mistakenly assume that their license will remain valid in their home State even if they lose their right to drive in the offense State. Under the registry, (All 50 States) any State that suspends your license must input the suspension into the Registry's computer databank.

    Every member State is required to check the registry's databank whenever a person seeks to have his license renewed or applies for a new license, and are required to deny the license if there is an out of state suspension.

    These consequences can be avoided in many cases but MUST be considered in every case.

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  • I have five trafic tickets is there anyway to ask the judge to merge them, ad if So will this turn them into a Felony?

    How can I manage this situation so does'n affect me when I become cityzen? I also had a DUI on 2003. Can I spunge this?

    Douglas’s Answer

    go to the internet and research the follwoing case. it will give you direction as to how you should handle your case.

    Supreme Court of the United States
    Josue LEOCAL, Petitioner,
    v.
    John D. ASHCROFT, Attorney General, et al.

    No. 03-583.

    Argued Oct. 12, 2004.
    Decided Nov. 9, 2004.

    Background: Alien sought review of the Board of Immigration Appeals' (BIA) order that he be deported because his conviction for driving under the influence of alcohol (DUI) and causing serious bodily injury in an accident, in violation of Florida law, was an aggravated felony. The United States Court of Appeals for the Eleventh Circuit dismissed his petition for review.

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