Marcelino Gustav Lopez’s Answers

Marcelino Gustav Lopez

Indianapolis DUI / DWI Attorney.

Contributor Level 10
  1. I have been requested to take a lie detector test but am curious if certain conditions and medicines can effect the test.

    Answered over 2 years ago.

    1. Marcelino Gustav Lopez
    2. Juan Carlos Garcia Jr
    2 lawyer answers

    There is almost zero benefit for you to take a lie detector test. In fact, it is almost always bad news to cooperate with the police in their investigation of you (and yes, if they have requested you take a lie detector test the police are investigating you). Please do yourself a favor and speak with a criminal attorney before you take a lie detector test.

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  2. Five dui!!

    Answered about 1 year ago.

    1. Michael David Babcock
    2. Marcelino Gustav Lopez
    3. Ethan Patrick Meaney
    4. Wayne Rodgers Foote
    5. Frederick Vaiana
    6. ···
    6 lawyer answers

    This is a very serious situation. I have no idea how far apart the DUIs (or OVWIs as they are called in Indiana) are, but here is a general breakdown. If you have a second DUI charge within 5 years of your last DUI conviction it will be charged as a D felony. The maximum amount of time for a D felony in Indiana is 3 years. BUT, if the state charges the Habitual Substance Offender charge b/c your boyfriend has two prior unrelated DUIs then the maximum time on a D Felony is 11 years. This...

    5 lawyers agreed with this answer

  3. If I blew a 0.15 or over will it be likely that I serve jail time?

    Answered about 1 year ago.

    1. Thomas G. Briody
    2. Derek Anthony Patrin
    3. Christopher Irvin Simser
    4. Marcelino Gustav Lopez
    5. Ethan Patrick Meaney
    5 lawyer answers

    In Marion County Indiana if you choose to plead guilty to Operating a Vehicle While Intoxicated (OVWI / DUI) the three biggest factors that the Judge or Prosecutor are going to consider are: 1. Prior OVWI / DUI. 2. Whether or not there was an accident and 3. what you have been doing since the arrest. Blowing over a .15 with no prior DUI and not causing an accident, you are likely charged with an A misdemeanor. The maximum time in jail is 365 days. The minimum is 0. The maximum fine...

    4 lawyers agreed with this answer

  4. Trying to get a class B felony reduced

    Answered over 1 year ago.

    1. Marcelino Gustav Lopez
    1 lawyer answer

    Since the conviction was in Texas you need to contact a Texas Attorney. Indiana has no authority to tell Texas to reduce, seal, or expunge a criminal conviction that happened in Texas. Good luck.

    4 lawyers agreed with this answer

  5. I was hosptilized on the day I was supposed to turn myself in to jail

    Answered over 2 years ago.

    1. Marcelino Gustav Lopez
    2. Jennifer Diem-Trang Le
    3. Robert C. LeBrasseur
    3 lawyer answers

    Most judges will be sympathetic to unexpected medical situations. You need to contact your attorney so he can properly put the issue before the judge. Good Luck.

    Selected as best answer

  6. How much time should someone expect to serve for a second dui within 2 years when this person was considered a htv after the 1st

    Answered over 2 years ago.

    1. Marcelino Gustav Lopez
    2. James C Forslund
    2 lawyer answers

    This is very serious. The DUI will likely be charged as a D felony. If you plead guilty or are found guilty the sentencing range is 6 months to 3 years in the Department of Corrections. The HTV will likely be charged as a D felony. If you plead guilty or are found guilty the sentencing range is 6 months to 3 years in the Department of Corrections. Worse, is that if you plead guilty or are found guilty you will lose your license for life. PLEASE find an attorney that will fight...

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  7. In 1991 I had my second DUI. I still have a D felony on my record. Can that be reduced after this many years?

    Answered about 1 year ago.

    1. Marcelino Gustav Lopez
    2. Michael David Babcock
    3. Michael Jeffrey Trescone
    4. Derek Anthony Patrin
    4 lawyer answers

    It is very likely that your D felony and the misdemeanor can be expunged from your criminal history. Please talk with an experienced expungement attorney. Good luck.

    3 lawyers agreed with this answer

  8. DUI Charge/ Unlawful Arrest???

    Answered about 1 year ago.

    1. Robert H. Hanaford
    2. Christopher Irvin Simser
    3. Jorge Luis Rodriguez
    4. Derek Anthony Patrin
    5. Paul Stanko
    6. ···
    6 lawyer answers

    #1 - The state must prove that you operated the vehicle. #2 - Indiana Constitution guarantees that you will be charged in the county where the crime occurred. Unless it is a DUI and it occurs on a road bordering two counties. If this is the case then the state can charge you in either of the two counties that the road divides. For example, charges for DUI in Indianapolis on 96th Street can be brought in either Hamilton County or Marion County. #3 - Please be sure to hire an attorney who...

    3 lawyers agreed with this answer

  9. How can someone get charged with an OWI while in the house?

    Answered about 1 year ago.

    1. Jonathan Burton Blecher
    2. Marcelino Gustav Lopez
    3. Ethan Patrick Meaney
    4. Derek Anthony Patrin
    4 lawyer answers

    A DUI is one of the few misdemeanor offenses in Indiana that a police officer does not need to "observe" an individual committing in order to arrest them. So it is very possible for a police officer to arrest and charge an individual with DUI if the police found the suspected drunk driver in a house. It is an entirely different story for the State to convict someone who has been home for any length of time of a DUI. A good lawyer is absolutely necessary when faced with facts like this....

    3 lawyers agreed with this answer

  10. Where online can i go to learn how to repasent myself in court?

    Answered about 2 years ago.

    1. Marcelino Gustav Lopez
    2. Barry Franklin Poulson
    3. Benjamin J Lieberman
    3 lawyer answers

    It sounds like you got hit with Indiana's 10 year HTV License suspension. This occurs when an individual gets three (3) drunk driving convictions within 10 years. You have a few options: 1. Don't drive for five years and then you will be able to drive with a hardship license. You will have to hire an attorney for that as the process is so complicated many attorneys do not want to deal with hardship licenses. 2. Try to attacked one of your DUI convictions through post conviction...

    3 lawyers agreed with this answer

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