John M. Gioffredi’s Answers

John M. Gioffredi

Dallas DUI / DWI Attorney.

Contributor Level 12
  1. Can I get an occupational license in Texas if I violated implied consent law in New Mexico?

    Answered 10 months ago.

    1. Stephen A. Gustitis
    2. Gary Churak
    3. Chris S. Barnett
    4. Ethan Patrick Meaney
    5. John M. Gioffredi
    5 lawyer answers

    As long as you have a suspended DL, and it wasn't revoked for mental or physical disability, you can get an Occupational Driver's License (ODL) to meet your driving needs in Texas. If it's a first offense DWI, or it's been at least 5 years since your last DWI, you are eligible for an ODL immediately upon suspension. TCCP Art. 42.12 Sec. 13(i) covers when an interlock device is required. If the vehicle is owned by your employer, there may be an exception to any interlock requirement. You...

    4 lawyers agreed with this answer

  2. 1st p.i. i was sleeping in passenger seat 2nd i refuse test was not drunk was arrested and taken to jail will show on my record

    Answered over 5 years ago.

    1. John M. Gioffredi
    2. Cynthia Russell Henley
    2 lawyer answers

    As is usually the case, your first step should be to contact a lawyer in your jurisdiction. Advice in these matters can be extremely fact specific. As has been often stated here - most lawyers do not charge for an initial consultation. If you can't find a local attorney any other way, you can contact me directly - I primarily practice in Dallas, but I practice in Plano occasionally. Your second step is to carefully read the documents you received when you got out of jail. You cannot...

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  3. Do I need to get out of my car after a traffic stop?

    Answered 8 months ago.

    1. John M. Gioffredi
    2. Todd Gregory Lehn
    2 lawyer answers

    You ask if you must exit your motor vehicle upon the request of a police officer. Yes, for two reasons: 1) The United States Supreme Court has said so since 1977, and 2) I've seen officers beat the hell out of people who refuse to do so. The person refusing to exit the vehicle is then generally charged with resisting arrest. And you are correct, the case that decided that is Pennsylvania v. Mimms, 434 U.S. 106 (1977), which was a 6 - 3 decision, meaning 3 of the justices disagreed with...

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  4. In DWI cases when are reduced charges in DWI cases offered?

    Answered over 2 years ago.

    1. Troy Perry Burleson
    2. John M. Gioffredi
    3. John Hung Vong
    4. Richard Timothy Jones
    5. Amy Elizabeth Owen
    5 lawyer answers

    You ask when DWI charges may be reduced to some other "non-DWI" charge. The simple answer is: whenever the prosecutors think that they will lose the case. If the prosecutors believe that they can prove the DWI, they would rarely, if ever, consider reducing the charges. And the prosecutors in some jurisdictions have a policy of never reducing DWI charges. Prosecutors will consider that they may lose the case, and therefore may consider reducing a DWI charge when: 1) The defendant looks...

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  5. Can a probation officer extend my time just because I haven't paid off court fees!

    Answered 3 months ago.

    1. Cynthia Russell Henley
    2. John M. Gioffredi
    3. Steven Ray Green
    4. J. Denise Carter
    4 lawyer answers

    I agree with the others. If your probation is extended, you'll have more monthly probation fees and more trips to your probation officer. Try to get everything paid off ASAP and get this all behind you!

    3 lawyers agreed with this answer

  6. I am looking at embezzlement for about $3000 I have no criminal background can i get probation?

    Answered 8 months ago.

    1. Macy Michelle Jaggers
    2. Deepali Meenu Walters
    3. John M. Gioffredi
    4. Stephen Ross Cohen
    4 lawyer answers

    You ask if you can get probation in Dallas County if you have no prior record and have been charged with embezzling $3,000. I agree with what the others have stated. I'm working on a similar case right now in Dallas county. The amount stolen in this case was $5,995. I'm trying to get the assistant district attorney to dismiss the case outright if my client pays the full restitution amount up front. Unfortunately, my client gave a full confession upon arrest, and the prosecutor is...

    3 lawyers agreed with this answer

  7. What type of DPS driving record does the city of Dallas County require for their Occupational Drivers License petition?

    Answered 8 months ago.

    1. Gene Raymond Beaty
    2. Michael Wayne Goolsby
    3. John M. Gioffredi
    3 lawyer answers

    First of all, there is no such thing as the "CITY of Dallas County." In the Dallas County criminal courts, no driving record is needed for an ODL. This is where misdemeanor DWI cases are filed. ODLs for a felony DWI are filed in the Dallas County District courts. They do require a driving record. ODLs are confusing even to lawyers. You could try to do one yourself, but you should probably hire a lawyer. Best of luck to you!

    3 lawyers agreed with this answer

  8. Will he get jail time for a 2nd DWI?

    Answered about 2 years ago.

    1. Gene Raymond Beaty
    2. Jacob Robert Jenkins
    3. Joseph Aragon
    4. John M. Gioffredi
    4 lawyer answers

    You ask if your brother will do any jail time for a second offense DWI, considering that he is still "technically" on probation on his first DWI - because he hasn't completed his community service*. The answer depends on several factors, not the least of which are: 1) Is he still on probation (technically or otherwise), 2) Can you beat the new DWI charge? Those are the first questions which need to be addressed. I'm not sure what you mean by him being "unsatisfactorily discharged from...

    3 lawyers agreed with this answer

  9. What legal questions can I ask in my own murder trial if I am doing a pro se

    Answered over 2 years ago.

    1. William Tyler Moore Jr
    2. Morris Hugh Wiltshire Jr.
    3. John M. Gioffredi
    4. Brandy Ann Peeples
    5. Jennifer K. Gjesvold
    5 lawyer answers

    I hope that your question is a hoax - just to see how many lawyers will take the bait and respond to your question. If you are serious, God help you. Enjoy the rest of your days in prison. Either get a court appointed attorney NOW, or hire one. If you want to try your hand at criminal litigation, go out and get a traffic ticket. You need a lawyer.

    3 lawyers agreed with this answer

  10. Would a sexual relationship between a 19 year old male and sixteen year old female (2.5 year age difference) constitute statutor

    Answered about 5 years ago.

    1. John M. Gioffredi
    2. Robert Hampton Tuthill
    3. Paul Holt Walcutt
    3 lawyer answers

    It would seem highly unlikely that law enforcement would pursue such charges, but never say never. Law enforcement can pursue whatever charges they want. Clearly the three year affirmative defense would apply in this situation, so I can't imagine the DAs pursuing these charges. The parents can squawk all they want - the older party has an affirmative defense to prosecution - end of story.

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