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David Wayne Willis

David Willis’s Answers

84 total


  • How to transfer DUI case to another state?

    In 2003/2004 my husband went through a few court precedings in Georgia. From what he understood, he needed to serve probation and pay those fees, do a few DUI schools as part of probation, and his license would be suspended for 6 years. In January...

    David’s Answer

    Sorry, There is no way to transfer your case from GA to TX because it has to deal with GA law and a TX court would have no jurisdiction over the matter. The best way to fix everything would be to sit down with the phone and just stay on the phone with the clerk's office and DMV or take a trip to the city (GA is not that far from TX) and do it in person, but transferring is not an option.

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  • Can you get kicked out of the military for getting a DUI?

    I had gotten a DUI and I am currently in the military. Can I be discharged?

    David’s Answer

    Rob answered the question in general, but I would add this... not enough information to give too much career advice. I did 20 years in the Army before law school and each branch handles DUIs differently. If you are an Officer or NCO, your chance of getting the boot eventually is greater.
    If the chain of command doesn’t know, then you are in better shape. The fact that we are in two wars helps out a lot, but once peacetime kicks in, if the arrest made it in your record, you could get the boot after too many years down the road and wished you had jumped ship earlier. If you want to contact my office by phone, I will be glad to talk to you and give you my best advice after 20 years active duty and being a First Sergeant. Good Luck

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  • What is the better deal? Connecticut

    Connecticut: Have OUI charge and Interfering with an Officer charge. Offers: AEP program and drop the interfering; drop the OUI and serve three days on the interfering; or go to trial. Three affidavits I have so far: one from two truck d...

    David’s Answer

    It's your charge, you have an Attorney, you make the decision. I don't ever answer that type of question even for my own clients. I do my job, get the best and final offer and the Client makes the decision. Good Luck

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  • I received a first offence OWI and have a clean record. I wanted to know without a chemical test evidence, can I be convicted?

    I did submit to a PBT which was .12 and was administered a chemical test at the Police Station. The BAC Datamaster ticket showed "invalid Sample" which I found out is not a refusal after obtaining a copy of the BAC Datamaster Operator Manual. The ...

    David’s Answer

    You need to speak with a good local DUI Defense Lawyer. NCDD will be a good place to start. Pat Barone is one of the best in MI, if he's near to your location, call him, but be careful what you say in Court or to the Prosecutor without a lawyer. A little bit of knowledge can get you into a full blown prosecution and a good DUI lawyer can get you out of it quicker than your new found knowledge. It’s great that you got the information, just go over it with your lawyer and he will be able to use it, if at all, to your advantage.

    I have never met a DUI trial lawyer that was afraid to go to trial, most love jury trials, it's the Client that get cold feet and takes the last offer by the DA and there is ALWAYS a last offer. With a PBT of .12, the DA will convince that you were DUI, no matter what the problem is with the machine.
    Good Luck

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  • Dui in florida

    can i be charged with a dui in florida if my BAL of .074 when the legal limit is .08

    David’s Answer

    By the question, it sounds like you were charged with DUI, but you can be charged with almost anything, being convicted of DUI is a very different question. Hire a good local DUI Defense Attorney (go to www.ncdd.com) and compare the names of this site with the lawyers there. The National College is the only organization that is 100% geared towards DUI Defense and a great source of information.

    Good Luck

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  • 21 year old passed breathalyzer but got jailed and blood tested. What do I do?

    I was pulled over with the officer citing excessive speed and not observing the right of way even though I made a legal right turn that had no stop sign. Officer will say that I failed FST but I believe I passed and I also blew under .08 as my cit...

    David’s Answer

    I would add to the answer in this way. Only a DUI Defense Attorney that has fought these kinds of cases will see the weak spots. Ask the Attorney if he has attended the FST course that the police was trained on. A good DUI Defense Attorney would file a motion to preserve the blood evidence and then check the report as soon as possible. If the officer only tested for BAC, unlikely, then you would be in good shape.

    Saving money after being charged with DUI is the wrong way of thinking in my opinion. You should want this DUI GONE, because at 21, you are going to hate DUI 2nd more than this one. May not ever get charged again, but if you fight this one like it the most serious thing in your life, you don't have to worry about having it hanging over your head in the future. Good Luck

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  • How long does it take to get your driver's license back if you do not fulfill the terms of the penalty?

    I was convicted in 1998.I was order to undergo drug & alcohol counseling.I started the counseling,but could not afford to finish.Will I be able to get a license again, and if so , in how many years?

    David’s Answer

    Check with the State that suspended your license in 1998. Most likely, that State will not grant you a license until you complete everything that is required even if it's been 10 years, it still due to them. Also in that State is a member of the Drivers License Compact which most states are, then your issuing State, if different, would not grant you your license back. I have know Clients who tried 20+ years later and still had to deal with the issues back then in order to get another State to give them a license. Good Luck

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  • Do i need a lawyer for a VOP?

    I have failed 3 drug test and got a Dui while on probation. Should i go to court with an attorney? Also, i haven't reported to my DUI probation at all since sentenced.

    David’s Answer

    100% agree with Mr. Bailey. Unless you and the Judge have the same grandparents, you need a good criminal defense Attorney to represent you in this matter. Or you should be prepared to serve your sentence. Good Luck, but at least talk to an Attorney as previously advised.

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  • Dui moral offense pa

    is a dui a moral offense in PA, if you are a teacher or a nurse?

    David’s Answer

    typically, DUIs are never a moral offense if it's a true first offense and so long as there are no other special facts such as injuries to others or minors in the car, but read the questions carefully for whatever it is you are concerned about and answer that question correctly without hiding something if it calls for a direct answer.

    Good Luck

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  • I got a ticket by the VA game and inland fisheries for an undersized sand shark and wondered if this was a probation violation

    for the dui i received a year and a half ago? I have 6 months remaining on my probation.

    David’s Answer

    Call your Attorney immediately and ask him that question. Just this morning, I had to appear in Court for a very good guy with a family who violated his probation. He got a traffic ticket in another State and instead of calling me, he reported to his PO.

    The PO even told him that they would have never known about it because they do not check outside of Tennessee. Ask your lawyer first and don't share this information with anyone until you talk to that person. Good Luck

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