Patrick Mahaney’s Answers

Patrick Mahaney

Montgomery DUI / DWI Attorney.

Contributor Level 17
  1. I was in a car accident & the lady ran the light. Accident report had her at fault. Her insurance denied my claim. What 2 do?

    Answered 12 months ago.

    1. Patrick Mahaney
    2. Shoshana Kunin-Leavitt
    3. Christian K. Lassen II
    4. John L. Schroeder
    5. David Ian Schoen
    6. ···
    11 lawyer answers

    You should consult a qualified personal injury lawyer, and one who has a lot of experience in traffic accidents. In the Auburn area, attorney W.O. "Tripp" Walton is one of the best and that is who I would call. Mr. Walton can be reached at: (334) 321-3000.

    14 lawyers agreed with this answer

  2. Leaving the scene of an accident....misdemeanor or felony?

    Answered almost 3 years ago.

    1. Patrick Mahaney
    2. Randy William Ferguson
    3. Christian K. Lassen II
    4. Marc Sean Hurd
    4 lawyer answers

    Leaving the scene of an accident where property damage only takes place is classified as a Class A misdemeanor; leaving the scene of an accident where injury occurred is classified as a Class C felony. See, Code of Alabama, 1975, section 32-10-6: "Every person convicted of violating Sections 32-10-1 through 32-10-5 or any of the provisions thereof, when such violation involved only damage to property, shall be punished the same as prescribed by law for a Class A misdemeanor; provided, however,...

    Selected as best answer

  3. Person crashed onto stopped dump truck on hwy

    Answered 9 months ago.

    1. Derek B Simms
    2. Patrick Mahaney
    3. Randy William Ferguson
    4. Cameron Lee Hogan
    5. Jason F. Abraham
    6. ···
    6 lawyer answers

    That is a question of fact and without reading the accident report or interviewing the investigating officers, it is impossible to state the outcome. However, there is a common law duty in the state of Alabama to maintain a safe distance when operating a motor vehicle. It is presumed as a matter of law that any motor vehicle operator that crashes into the back of another vehicle is negligent as a matter of law. That presumption can be overcome with sufficient evidence, but the starting point in...

    9 lawyers agreed with this answer

  4. Can I sue a bar in texas for serving my late mother too much alcohol?

    Answered about 1 year ago.

    1. Randy William Ferguson
    2. Patrick Mahaney
    3. Francis M Smith
    4. Shane Michael Boasberg
    5. Michael Evan Greenspan
    6. ···
    8 lawyer answers

    Under Alabama law, this would be called a "dram shop" action. See, Code of Alabama, 1975, section 6-5-71. Whether or not the state of Texas employs a similar civil action needs to be addressed to a Texas licensed attorney.

    9 lawyers agreed with this answer

  5. I've been on probation for over 6 months for a possession charge, I was arrested this past weekend on a DUI but I won't have

    Answered almost 2 years ago.

    1. Richard Stephen Jaffe
    2. Patrick Mahaney
    3. Trudy Lynn Bloodworth
    4. Randy William Ferguson
    5. William Kevin Hodges
    5 lawyer answers

    All Alabama probationer files are linked into the NCIC and ACJIS system. That means if the arresting officer ran a driver license check on you when stopped for DUI - that is an almost certainty - then an automatic message was sent to your probation officer that your driver license had been checked. The message would provide the name of the officer and ORI of the arresting agency. That basically means on Tuesday morning (Monday was a state holiday) you will probably get a call from your...

    9 lawyers agreed with this answer

  6. If you are charged with 2 counts of conspiracy, distribution, and trafficking of a controlled substance, what can happen?

    Answered 8 months ago.

    1. Patrick Mahaney
    2. Randy William Ferguson
    3. Andre Robert Belanger
    4. J. Denise Carter
    5. John Douglas Lloyd
    6. ···
    6 lawyer answers

    Here is a short version of the time you will serve if convicted:1) Trafficking (depending on the type and quantity of controlled substance): five years (mandatory - no probation and no reduced sentence) to life without parole; 2) Conspiracy - punished one level below the object of the conspiracy. If the object of the conspiracy was a Class A felony, the conspiracy shall be punished as a Class B felony offense. A Class B felony offense is punished by two to 20 years imprisonment; 3) Illegal...

    8 lawyers agreed with this answer

  7. What option would be best advised? YO or PTI or Deferred Prosecution? 20 year old, first offense and charge was Simple Poss?

    Answered 8 months ago.

    1. Patrick Mahaney
    2. Brian Joseph Lockwood
    3. Randall Blake Tolley
    4. Randy William Ferguson
    4 lawyer answers

    There are two issues here: the civil forfeiture of the cash and the arrest and prosecution for possession of controlled substances. These are separate issues. Under the Code of Alabama, law enforcement authorities, ordinarily the district attorney, can file a notice of forfeiture to have the court holding jurisdiction to condemn any cash or other tangible items that are directly traceable to a drug transaction or intended for use for a drug transaction. See, Code of Alabama, 1975, 20-2-93....

    Selected as best answer

  8. DUI 2 years ago-Nolle prossed Still on record?

    Answered about 1 year ago.

    1. Patrick Mahaney
    2. Derek Anthony Patrin
    2 lawyer answers

    Code of Alabama, 1975, section 32-5A-304(c) requires the Department of Public Safety to remove any entry made in reference to an administrative license suspension if the motorist when arrested for the offense of DUI submitted to a breath test under the state's Implied Consent law and the underlying DUI case was subsequently acquitted, dismissed, or nol prossed. This requirement is a mandatory duty of the Director and cannot be ignored. The first question is - did you submit to a breath test...

    7 lawyers agreed with this answer

  9. If a person in drinking and driving and hit a parked flat bed trailer will he be charged with a DUI

    Answered about 1 year ago.

    1. Stephen Charles Moore
    2. Daniel Nelson Deasy
    3. Patrick Mahaney
    4. William Peter Daley
    5. Philip Anthony Fabiano
    6. ···
    7 lawyer answers

    There are a lot of facts not stated, but it appears that you were not charged after the accident occurred. If you left the scene of the accident without reporting the accident to the police, you may be charged with "Leaving the Scene", a violation of Code of Alabama, 1975, section 32-10-1. The penalty for LSA is a fine of $50 to $500 and a mandatory revocation of driver license or driving privilege for a period of not less than six (6) months. In addition, if the police have sufficient probable...

    7 lawyers agreed with this answer

  10. My 19 yr old daughter was charged with underage consumption. Not possession, just consumption. Does she need an attorney?

    Answered about 1 year ago.

    1. Patrick Mahaney
    2. Gregory F. Yaghmai
    3. Randy William Ferguson
    4. Paula Brown Sinclair
    5. Brian Joseph Lockwood
    5 lawyer answers

    Yes, you absolutely need a qualified criminal defense attorney to represent your daughter. The offense of 'Minor in Consumption' carries the same penalties as 'Minor in Possession.' See, Code of Alabama, 1975, section 28-3A-25. Those penalties include a mandatory three month suspension of driver license or driver privilege in the event of conviction. A petition for Youthful Offender will not protect the defendant from loss of driver license. See, Title 28-3A-25: "(c) In addition to the...

    7 lawyers agreed with this answer

334-277-3974