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Mark Anthony Foster

Mark Foster’s Answers

5 total

  • Can an attorney get a dui dropped or reduced i was arrested for dui while in a private parking lot and not driving i was sitting

    i was waiting for my girlfriend to come pick me up in a restaurant parking lot and had the engine running to stay warm and the police arrested me for dui the truck was in neutral with the brake set and i was not violating any laws they said someon...

    Mark’s Answer

    The law in Indiana is that unless the State can prove you drove the automobile, sitting in a parking lot with the engine running is NOT operation. I have won many of these cases using Heigle and Corl as authority on this issue. Please contact an Indiana attorney who knows Indiana DUI law.

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  • I received a minor consumption ticket, but the officer did not write my BAC on the ticket does this nullify it?

    I am 18 living in Indiana.

    Mark’s Answer

    The fact that the officer didn't put the BAC on the ticket does not "nullify" the ticket. He can always testify about the facts he observed. Many officers write a narrative on the back of the original ticket. It will not be on the copy you recieved. Go to the clerk's office and look at the original to see what, if anything, he wrote on the back.

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  • Can my liquor license to be a server be taken away or revoked for being charged with a D Felony OWI?

    This is my second OWI within 5 years making it a D Felony. I also already have one D Felony on my record for a theft conviction.

    Mark’s Answer

    Indiana Code 7.1-3-18-9 states that your premit will not be renewed if you have 2 convictions for OVWI and that the ABC shall revoke your permit due to a conviction for OVWI. My experience is that the ABC does a very poor job in revoking permits due to a conviction. However, you must disclose the convictions in your renewal application.

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  • Just got my second dui should i enroll my self in dui class on my own before i go to court

    what should i do i have a wife and three kids im on unemployment and worried

    Mark’s Answer

    My advise to all my clients is to go to treatment if you need treatment. Do not go just to look good for the court. You will be wasting both your time and money.

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  • CDL / School Bus driver gets a DUI in personal car

    A friend who hold a CDL / School Bus endorsement received her first DUI has no other violations but a speeding ticket 3 months ago did not get any points for that but had to pay a fine can she loose her CDL and for how long her hearning is in a fe...

    Mark’s Answer

    Under Federal law and in every state the mandatory revocation of a CDL for a DWI conviction is 1 year.
    Mark Foster

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