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James Kevin Hayslett
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James Hayslett’s Answers

526 total


  • Will i get drug tested a a jury pre trial hearing?

    i was released on a bond about a month ago and i have my pre trial hearing coming up.

    James’s Answer

    It depends on the judge and it depends if you enter a plea.
    Generally at a pretrial hearing there will not be a mandatory drug test unless of course you're in a drug division and have entered a diversion program and/or you have a plea.
    Either way I would highly recommend that you cease using any controlled substances from this point forward as it would negatively impact your case and your future.

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  • How long do they have to get blood test results?

    I was arrested and give a blood test Aug 4th. I have appeared in court 3 times, each time being told they still do not have my test results. It is now Nov 5th and have been sent away again until Dec 17th.

    James’s Answer

    I've seen cases unfortunately where it took six months to get the blood results. Speak to your lawyer about your speedy trial rights.

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  • Should you be required to have an interlock device even with a suspended licence

    my husband was arrested for a dwi a few months ago and was required to place an interlock on our vehicle. recently we were notified that his licence had been suspened but we are still required to keep and pay for our device even though he is not a...

    James’s Answer

    There is no requirement to have an interlock device on your vehicle if you have a suspended license and cannot operate that vehicle.
    I would check with the division of motor vehicles and explain to them the circumstance and they would forward the information to you that you can take to have interlock device removed.

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  • I received a Dwai, .08, april 13th 2006...now a dui, no alcohol but involved marijuana, aug 5th 2012.

    What kind of sentencing can I expect? It has been 3 months and they are still waiting for my blood test results. I have passed all pre-trial uas, will they look at that info at court?

    James’s Answer

    If there was no alcohol and the only controlled substance that would be present in your blood is marijuana you may have a very defendable case on your hands.
    I would retain an experienced DUI attorney in your town to assist you with this case before you jump from the first quarter to the end of the game and except it conviction is a foregone conclusion.

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  • Do I have to enroll in Maryland's 26 week treatment program?

    I went in to get a drug and alcohol evaluation done and received a score of 2. The guy who conducted my evaluation said I had to enroll in a 26 week treatment program since my BAC was over .15 and its MD law. I received my DUI in Atlanta,GA and w...

    James’s Answer

    Generally when you have your evaluation the evaluators will look at any prior dui convictions or any other alcohol related offenses that you might have as well as your blood-alcohol level in the instant case.

    Given that you have a prior DUI in Georgia as well with a blood alcohol level of a .15 this will result in the 26 week treatment program.
    This of course is not mandatory but discretionary.

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  • Need advice

    I was arrested for dui and my bac was .180 I have no defense, so my public defender has given me my options But I am not sure what the best route would be. If I plead guilty the prosecutor has agreed to the minimum. My I Other option is to g...

    James’s Answer

    It's always hard in this forum to answer questions blindly. I understand that your public defender is indicated that you don't have any defenses but to the experienced DUI defense lawyers on the site that's not always the case.
    Likewise it's hard to advise you on which option to take where there may be another option that you're not aware of. I would recommend that you go back to your public defender and go through the file to see if there's anything else that might be available to you and seek his guidance as well as to which choice would be best given all of your life's circumstances.

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  • Will i face jail if cocaine is found in my blood test? i was never arrested before for dui or drugs/drug possession

    the officer who pulled me over for cutting off someone did not have a breathalyzer and even after passing the sober tests he took me to the station for a blood test (i wont pass that one for sure and its very likely above 0.08) . i'm worried now t...

    James’s Answer

    Having cocaine or other control substances found in your blood as a result of a DUI test this does not necessarily mean you'll be charged with possession of cocaine.
    The prosecutor must prove that you were driving or an actual physical patrol motor vehicle plus under the influence of alcohol or a controlled substance to the extent your normal faculties are in paired in order to obtain a DUI conviction. That being said they can use alcohol plus the existence of cocaine to prove that you were potentially impaired while driving a motor vehicle.
    It's been my experience that a DUI with controlled substances is not generally result in a higher sentence or stiffer penalties as opposed to one that is solely of all related.

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  • How do I get my mugshots off of Google...

    .charges were expunged this past June in Palm Beach county Drug Court..Judge Krista Marx ordered it Expunged.

    James’s Answer

    If you go to the mugshots website there is some information on how to send them a copy of the order expired junior record. Once they receive it they'll take it off their website usually in 24 to 72 hours although I've had some cases that took as long as 2 to 3 weeks.

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  • How long will I got to jail for an aggravated dwi in nh

    I got an aggravated dwi need to know how long I will go to jail getting no straight answers

    James’s Answer

    Please find the following information on aggravated DUI in New Hampshire:

    New Hampshire Aggravated DWI
    RSA 265:82-a
    Classified as a misdemeanor (except for provisions listed below*).
    Fine: not less than $500 or more than $1,000 (except for provisions listed below*).
    License revocation: 1 year mandatory, or for a period not to exceed 2 years.
    Aggravated DWI is based on a blood alcohol concentration of .16% or higher OR a blood alcohol reading of .08% or higher, or being under the influence of intoxicating liquor and/or any controlled drug, PLUS any of the following:
    speed 30 mph over posted limit.
    involvement in an accident resulting in serious bodily injury.
    attempting to elude an officer by increasing speed, diminishing headlights, or attempting to leave the scene of an accident.
    Conviction of Aggravated DWI based on involvement in an accident resulting in serious bodily injury is classified as a Class B felony, and carries a fine of $1,000 - $2,000 and a license revocation of 1 year minimum mandatory up to two years. [RSA: 265:82-aI (b) & II(b), RSA 265:82-bII]

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  • Is it legal for a court to neglect telling you of your next court date?

    I was arrested recently due to a warrant for my arrest for failure to appear, the odd thing is neither my public defender nor myself were notified that I even had a court date, my case had been untouched for over a year. They just decided to blow ...

    James’s Answer

    Generally, in order to be charged with the criminal offense of failure to appear or to have a warning issued for your failure of attendance at a court date the court must find that you were provided with proper notice. That means that you were sent a letter given a certified letter or handed notice of the next court date while in court.
    If you did not receive notice that would be a defense for your failure to appear.
    These are all good discussions for you to have with your public defender.

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