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Lawrence E. Wines

Lawrence Wines’s Answers

47 total

  • Would d.u.i(s) have a date that they would expire or roll off your record and at that time be able to obtain a CDL?

    pled guilty to dui 1st pled guilty to dui 2nd

    Lawrence’s Answer

    Every state handles this differently so check your state's law. Some laws allow a first time offender to expunge a record, but CDL has its own rules. The are dictated by the Secretary of Transportation in D.C. They will be something you want to check. The change several years ago to include DWI / DUI / OUI in the CDL holders personal vehicle to cause disqualification, suspension or lifetime ban on a CDL license. You might want to hire an attorney familiar with the CDL law to advise you. Good luck!

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  • How do some people get a way with DUIs while in their car with the keys in ignition? While others don't.

    For example this cop who is a DUI enforcer himself gets a way with a DUI. While a person like myself who isn't in the car, who has his keys in his pocket and is far away from the car gets his first DUI. Just not sure how the justice system is work...

    Lawrence’s Answer

    • Selected as best answer

    The justice system is not perfect and often unfair. There as been efforts to reform police and if you are motivated you can put on just sort of campaign for justice. State legislature are swayed by votes and money.

    Get a web site with a catchy name like: "Citizens for Fair Justice"

    You can start a political action committee and solicit contributions on the internet through your web site and use the funds for support of the right politicians and for publicity of the problems with the justice system.

    Contact local college professors who might have done some research on the justice systems and the problems with police misconduct.

    Regularly search the internet to check on actions by police around the country.

    Hold public forums, make sure you have a lot of supports, don't rely on direct mail, contact similar organization around the country: ACLU, NNACP, NCDD, NACDL just to name a few.

    Good luck with you fight!

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  • Is my husband really being released from probation?

    My husband was sentenced to 3 years probation. He has completed about 8 months of that so far with no issues. yesterday he received a letter from the courts that said "notice of completion of probation." Is he really done with probation, and if so...

    Lawrence’s Answer

    I would proceed with caution and try to get information from what ever source you can including court clerk, computer access to court records, also if you have a police friend ask them to check for a warrant. I think your husband should get the program done ASAP. If there is a violation and he goes in with the program completed so he shows the judge he is serious about his recovery. I would also see another professional counselor and attend AA / NA meeting, get a sponsor and take every opportunity to get sober and stay that way. If you are clean you can get your own drug test at a local laboratory. Do them several times so you can show a pattern of being drug free.

    If the husband is not clean, maybe he should check himself into an inpatient program to get clean. The judge needs to see your effort to get and stay clean from drugs. If you can show the judge a good picture you maybe less likely to have your husband see jail / prison time.

    I notice it is you, not your husband making this post of question. remember only he can save himself you can't do it for him.

    Good luck!

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  • An recently 2nd owi received probation & had a date to go sit time while on probation but got caught with another owi?

    My boyfriend/father to 5m child got his 3rd owi while just received his 2nd in court that gave him the minimum with probation and a date to turn himself in he has a job lined up and would start soon just would really like to know what is goung to ...

    Lawrence’s Answer

    You need to get an attorney to look into the case and list alternative scenarios. Many factor about incarceration are fluid depending upon over crowding in prison, funding and the person's behavior. In our local county jail, if the subject is very good and has no write ups they cut a year down to 6 1/2 months. Check the policies at the local institution where he might be held. Call and ask to speak with either a consular , social worker or the public affairs office. Usually they can give you guidelines, they will probably not give you specifics or a prediction. Good luck and do an investigation.

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  • I was arrested in 5/15/2011, not charged until Nov. 2013 on what would be my 3rd conviction if convicted (yes I know)

    My question are in regards to some errors in the police reports that I have looked over: 1) I see a PBT test of .131 on the report (I never took that test) 2) Clothing description on report does not match what I was wearing 3) says I attempted to...

    Lawrence’s Answer

    You bring up many good points and a trained DWI / DUI specialist make do an investigation and be able to develop more evidence on your behalf. The things you can assist your case is:

    1. Hire a DWI / DUI Specialist and if possible a lawyer with an understading of the science of DWI / DUI.
    2. Collect what ever evidence that is still available to prove where you were:

    a. Receipts, debit or credit card receipts, statements
    b. Contact you cell phone carrier to see what tower you were bouncing off
    c. Take pictures of the exact site where you allegedly took the test per the officer and
    also and where you think it was at (take 360 degree shots close and far away, also get
    a moon surface shot by putting your camera on the pavement.
    d. Keep those shoes and take picture of heels with a ruler held next to it so the
    measurement is obvious.
    e. Don't ignore the HGN eye test if given to you, it is hard to get right
    f. Was their a video of the stop, test, etc.
    h. Make a list of any medical condition you have had back to birth, history of diseases,
    surgery, injuries not treated, etc.
    I. Make a list of all the medications your were taking at the time of the arrest and testing
    make sure you list prescriptions and over the counter medications, supplements taken,
    vitamins, homeopathic medicines / herbs etc. Make sure you include when taken,
    dosage and size of the dose and why taken. Example: [Aspirin, one pill morning, 80 mg
    dose for prevention of heart attack]
    j. Try to make a list of any potential witnesses that can testify about various.
    k. Sobriety check points / road block have specific rules and must be published make
    sure your attorney requests copy of the written protocol for the check point, diagram
    of the check point and report by the supervisor on statistics.
    l. Many of the above maybe hard to get now but you still should try. There maybe some
    left. The long delay put your defense way behind the curve on collecting evidence.
    m. Your attorney can file to receive discovery including the arresting officer's report.
    n. Many police use a template and only change parts of the report from defendant to
    defendant. This is one explanation of why there is wrong entries on the police report,
    so have your lawyer try to get other reports of this officer and look for similar entries
    that are on your report.

    I wish you luck and hire an experience DWI / DUI specialist for your case and do not let price alone guy your choice in lawyers. Check them out, meet them and see what they are going to do for you. "You get what you pay for" when it comes to lawyers.

    Pick the right lawyer and be involved in your defense, do your homework!

    Larry Wines
    DWI Specialist and Forensic Scientist

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  • Do I need to take a legal action against my advisor because he treated me in irrespective manner ?

    I'm a phd student . My advisor treated me in irrespective manner. She also shared my personal issues with other students. She procrastinated a lot in signing many forms for me until I do any extra work that she asks beyond my phd project. I took...

    Lawrence’s Answer

    You may want to talk to the department chair, then the dean and go up the chain until someone will listen. Ask your fellow class mates for help. Build a political base. Back when we were in student government we sought out a sympathetic news paper reporter and they might write a piece in a local paper putting pressure on the university. Build an army for yourself

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  • What is most effective in my case Send detailed statement to County State Attorney? Send statement to St. Supreme Court?

    And What is higher position in prosecutor realm above County State Attorney? Brief description The felony case is pending in county court. The alleged suspect FTA a...

    Lawrence’s Answer

    • Selected as best answer

    Get an attorney to handle it. Make sure you hire an attorney the does a thorough investigation, full discovery including depositions, and pre-pare for trial properly.

    The kind of attorny your need is a private attorney that can deliver. All attorneys are not created equal. If your get a cheep lawyer you usually get what you pay for in service. Interview the attorney and discuss the details of your alligations of revenge. Hire a serious private attorney.

    If you have a public defender, do the same procedure of an interview and supply witness and evidence not rumors and beliefs. There are great attorneys in the public defender offices. Seek out the best of the best in a private attorney or public defender.

    Good luck

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  • I got an e-mail recently from a website, and I am wondering if I should use the services they offer.

    I received an e-mail from a company called RecordGone, which is from a a law office called Higbee & Associates. According to what I've read and heard from them, if I send in the fee that they charge, they would work to remove my identifying in...

    Lawrence’s Answer

    There rules on expungements and court action is needed. There are only afew reasons for an expungement. Short of an expungement even if they get the entry removed but it may come back. Just like contesting an entry on a credit report a bad entry can be for a short time pending an investigation.
    I would proceed with caution!

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  • What happens at a trial setting?

    Someone i know has a felony case and is out on bond but has to go to a trial setting every month some times it gets set down to a farther month what happens there and what goes on at a trial setting?

    Lawrence’s Answer

    Because the charge is a felony your appearance at every court date is manditory unless waived by the court. As far as each setting being a trial setting, that varies from Jurisdiction to jurisdiction. Some courts have every setting a trial setting: other courts have a different vocabularity: arraignment, attorney status, disposition or setting, motion hearing, pre-trial and trial setting. When there is a trial setting an important fact is in what order your case is on the court's docket. Many cases are not reached because there is an older case or special setting. Get an attorney!

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  • Can I enter CA with a BAC in 1997 in the US as a European Citizen, having lived in Europe the past 14 yrs. w/o any conviction?

    I had a Excessive Blood Alcohol { Misdemeanor C ) in the US. In 1999, only offense ever!!! I am a European Citizen. I returned to Europe in 1999, have since obtained a new passport since the old one was expired. Can I enter Canada? Will they kno...

    Lawrence’s Answer

    Giving the timing and having one this prior offense shouldn't be too big of a hurdle. Canada is much stricter than the US. I advise you to see out a Canadian attorney. There is a DWI expert in Canada named Stephen Biss. See: Phone 905-273-3322 or 1-877-273-3322

    I attended a training program with him and he is a top DWI attorney and a great guy. Tell him high from Lawrence Wines, St. Peters Missouri.

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