John M. Gioffredi’s Answers

John M. Gioffredi

Dallas DUI / DWI Attorney.

Contributor Level 12
  1. 3rd dwi sentence?

    Answered over 2 years ago.

    1. John M. Gioffredi
    2. Gene Raymond Beaty
    3. Florita Welsh
    3 lawyer answers

    Your father was recently arrested for a 3rd offense DWI. The previous two DWI cases were in '91 and '92. In this case, there was a minor accident with no injuries. You ask what your father's sentence might be. A DWI 3rd offense is a 3rd degree felony carrying a range of punishment from 2 to 10 years in the pen, and a fine not to exceed $10,000. The sentence may be probated. The fine may be probated as well, but I can't recall seeing that on a DWI 3rd offense. In the Dallas area, it's...

    2 lawyers agreed with this answer

  2. Is it possible for the police to file a DWI on you without ever arresting you or giving you papers?

    Answered almost 3 years ago.

    1. Kelly W. Case
    2. John M. Gioffredi
    3. Lisa Mary Haines
    3 lawyer answers

    You state that you are on probation for marijuana possession, were taken to the hosptial after an auto accident which occurred two months ago, and now you find out that you have a arrest warrant for DWI arising out of the auto accident. Presumably you were given a blood test at the hospital, but I suppose that it is also possible that you were simply given sobriety tests prior to being transported to the hospital, and the officer formed an opinion that you were intoxicated based upon those....

    2 lawyers agreed with this answer

  3. DWI Trial - I would like to observe one, where or how can I find one???

    Answered almost 3 years ago.

    1. Kelly W. Case
    2. John M. Gioffredi
    3. Kamryn Maris Caldwell
    3 lawyer answers

    Since Schertz is basically right next door to San Antonio, just go the the Bexar county criminal court house most any Monday at 8:30 am and ask any lawyer that you see where a DWI trial might be starting. A large county like Bexar will likely have at least 3 or 4 DWI trials starting almost any every Monday. You could also just enter each courtroom individually (there will be several county criminal courts in the building) and ask the bailiff, judge, or court reporter if they will be...

    2 lawyers agreed with this answer

  4. Possible consequences for failing to comply with DUI probation

    Answered over 5 years ago.

    1. John M. Gioffredi
    2. Chad Raymond Maddox
    3. Ryan Patrick McClure
    4. James C Forslund
    4 lawyer answers

    If you are on probation, and the prosecution can prove that you violated your probation, the judge is allowed to take any remedy allowed by law in your state. This can be an extension of your probation, a modification of your probation, or a full revocation of your probation, which would most likely result in a jail sentence of a length to be determined by the judge (again, within the range allowed by the laws of your state). Your first step should always be to consult two or three area...

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  5. Will a good DWI attorney be able to overcome admission of "enough" and "quite a bit" to drink in a DWI Trial?

    Answered over 2 years ago.

    1. Benjamin Allen Stephenson
    2. John M. Gioffredi
    3. Joseph Francis Hoelscher II
    4. Troy Perry Burleson
    5. David Alexander Volk
    6. ···
    6 lawyer answers

    You ask if a good DWI attorney will be able to overcome your statements to the police that you had "enough" and "quite a bit" to drink in a DWI arrest. If those specific statements can't be suppressed (ruled inadmissible), they will undoubtedly be harmful to your defense. I often tell my clients that more people are found guilty for what they say than anything they did during their arrest. It has been said that confession is good for the soul. That may be true, but confession is lousy for...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. How much time (as an estimate) be given to someone charged with engaging in organized criminal actvity?

    Answered over 2 years ago.

    1. John M. Gioffredi
    2. Anthony John Colleluori
    3. Joshua Pond
    3 lawyer answers

    Waco, Texas: You ask "How much time will be given to someone charged with engaging in organized crime?" That's a good question, but it's completely impossible to answer without a full understanding of the facts. Organized crime can be prosecuted in state court, or federal court. If it's a state court prosecution, probation could be an option. If it's the feds, all bets are off. 4 or 5 years is possible. 120 years is not out of the question. Not to mention that the case(s) could...

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    1 person marked this answer as helpful

  7. Moving to TX. DUI conviction 1 year ago. License will be reinstated with IID in March.

    Answered over 4 years ago.

    1. John M. Gioffredi
    1 lawyer answer

    Wow. Such an easy sounding question, but such a complicated answer... Texas will almost certainly allow you to have a driver's license, but inter-jurisdictional suspensions can be tricky. You may have to jump through a number of hoops. There are a number of ways a driver's license may get suspended in Texas for a DWI: 1) A DWI 1st conviction, with no probation 2) Failing a DWI breath or blood test (scoring over a 0.15 BAC) 3) Refusing a DWI breath or blood test 4) Failing to pay a...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. What is the difference between interview by the police and getting arrested?

    Answered 3 months ago.

    1. Cynthia Russell Henley
    2. Thomas Crosby Stephenson
    3. J. Denise Carter
    4. John M. Gioffredi
    5. Timothy Edward O'Laughlin
    5 lawyer answers

    You write that a police officer wants to interview you regarding a fraud allegation. Don't do it. Just say no. If you have a lawyer, refer them to your lawyer. For a thorough discussion about what can happen if you DO talk to the police, go to YouTube and search under the heading "Don't Talk to Police." There you will find an eye-opening 48 minute lecture jointly presented by a law school professor and a police officer. If my clients express a continued desire to talk to the police...

    1 lawyer agreed with this answer

  9. On the ODL/DLD question.

    Answered 4 months ago.

    1. Roderick Carlos Lopez
    2. John M. Gioffredi
    3. Julia E. Simmons
    3 lawyer answers

    I'm hesitant to correct a person who is already convinced that they are correct, but at the risk of being rude, I would tell you that you are pretty close, but still wrong. Penal Code 49.09(h) requires an interlock for one year after the end of the DL suspension, not the end of the probation period. But (h) only applies to DWI convictions occurring within 5 years of the most recent DWI incident, not all DWI repeat offenders. And I'm not sure what you situation is. If the most recent DWI...

    1 lawyer agreed with this answer

  10. My case hasn't been filed yet..

    Answered 6 months ago.

    1. Macy Michelle Jaggers
    2. John M. Gioffredi
    3. Benson Varghese
    4. Robert Hernandez Jr.
    5. John Christian Bohren
    6. ···
    6 lawyer answers

    I agree with the other answers, but this particular problem is unique to Dallas county. On misdemeanor cases, the sheriff's office gives you a fictitious court date (to check the misdemeanor "bulletin board") before they even know if a case will be filed against you, which is complete BS. I've seen people trudge down to the courthouse unnecessarily every two weeks for over a year checking to see if they have a court date. Either hire an attorney to take care of this for you, or figure...

    1 lawyer agreed with this answer

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