David Wayne Willis's Answers

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

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...

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How many years can DUI convictions stay on record and be added to subsequent DUI charges?

Sorry, Didn't see the actual dates in the question. You are a solid DUI 3rd. That's if you can't challenge the priors. You need to talk with Steve Oberman's Office or Jim Bell. Some priors can be bad for a lot of reasons. The names I listed are assuming you are charged in Knoxville, TN.

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How many years can DUI convictions stay on record and be added to subsequent DUI charges?

In Tennessee, convictions stay forever on your record. The time line to use prior DUIs for enhanced punishment runs from conviction date to conviction date. Let’s say you were arrested yesterday and let’s say you were convicted once before on November 18, 2008. Then you are DUI 2nd. The DA will look back 10 years from the Nov. 18, 2008 date and if you were convicted again on November 30, 1998, then that could be charged as DUI 3rd. And let’s say your very first DUI was 1991; guess what he...

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Can potential employers see if you are on judicial diversion currently?

Yes they can see that you are on judicial diversion for felony reckless endangerment, a Class E Felony. NO you were NOT GRANTED diversion for a DUI; it can't be done in Tennessee. You plead to the felony reckless in order to get the diversion; it has nothing to do with the DUI (at this point) as you can not go on diversion for a DUI in Tennessee. Did you have an Attorney in Knoxville? You need to be asking him or her that question, not some online legal site. Here is your straight...

May a legal immediate arrest be made based on evidence at the scene of a damaged mailbox?

In Tennessee, "erratic" driving is not the legal issue. Driving is all that matters or "being in physical control" of the car, therefore hitting the mailbox or not has very little to do with the DUI itself. However, the report of a car striking a mailbox would give the police a legal reason to be there and once there, talking to the driver, the smell of alcohol gets you to the SFST, arrest and blood test. In Tennessee, the driver did not have to give blood test, but if he did, there is...

What is partial custody in TN?

NO, that was his option, not yours! Child support doesn't work that way in Tennessee. There must be some type of change in circumstances of the minor child or in the income of the paying parent after a Court Order has been entered. You need to contact a family law Attorney in Nashville if that is the town in Tennessee that the child support was ordered, but assuming you have a valid court order directing the parenting plan and child support, neither party can go back and litigate those...

How do i get my records esponged

Expunge criminal charges in Tennessee can only happen after dismissal by the State or the Judge of all charges on the Indictment or Arrest Warrant. If you plead guilty to DUI in Tennessee, CAN NOT be expunged, ever, or until the law changes. If you plead guilty to reckless driving and the DUI was dismissed, still nothing can be expunged because the reckless and DUI are on the same charging instrument. Hope that answered your question and feel free to contact me at (901) DUI-Dave if I can go...

Private lawyer vs public defender

I have had numerous Clients on the second and third DUIs tell me about the .09/.10 that they plead guilty to with a bad lawyer. The first DUI is the most important, it may be your last, but if you plead guilty and then get stopped on a second DUI, you are going to start hating that plea on the first DUI. The advice to talk with a few DUI Defense Attorneys in your area is great advice. You want to beat the easier charges and with a low BAC, you have a chance if other things are going in your...

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If I represent myself in a DUI case, can I personally interview the officers involved? If yes, how do I go about doing so?

Bad idea! Criminal Court is not the place to try out your Perry Mason skills and a skilled prosecutor will tear you up with the Rules of Evidence. You may have the right to a preliminary hearing that would allow you the chance to cross exam the Officers that the State calls to testify, but again unless you have legal training, you would be falling into the trap that goes with the saying "a person who represents themselves have a fool for a client". Beg, borrow or just pay if you have the...

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How long is too long to get proper representation for a DUI case?

Contact a DUI Defense Lawyer in Tucson for a free consult this week. www.ncdd.com will give you a couple in your town or this website. You need to make notes of the night that you were arrested and keep them to yourself until you talk with your lawyer. If there are witnesses to back your facts up, then tell the attorney that information also. Keep any proof of what you ate, drink, or did with credit card slips or whatever you have to back your facts up for later use in the Courtroom. The...

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