Nathaniel Lewis Miller’s Answers

Nathaniel Lewis Miller

Denton DUI / DWI Attorney.

Contributor Level 9
  1. Is a reduced charge possible for a 3rd DWI?

    Answered about 1 year ago.

    1. Nathaniel Lewis Miller
    2. Gene Raymond Beaty
    3. Derek Anthony Patrin
    4. Kevin H. Pate
    5. Jodi Soyars
    6. ···
    6 lawyer answers

    Hire a Texas lawyer experienced with Felony DWI work in the county your case will be prosecuted. Do so as soon as possible and follow his or her advice. To answer your question - it is possible. There are many, many things you need to be doing right now to be healthy, better yourself, and better your case. A good lawyer will arm you with the tools and direct you to services to best achieve those goals.

    11 lawyers agreed with this answer

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  2. If a cell phone is sitting right next to the Datamaster CDM breath tester, Can a motion be filed that invalidates a breath test?

    Answered about 1 year ago.

    1. Patrick Owen Earl
    2. Nathaniel Lewis Miller
    3. Derek Anthony Patrin
    3 lawyer answers

    The type of motion you're likely referring to would be called a "motion to suppress" in Texas. With nearly any motion, it's on the movant (the party or side filing the motion) to prove the basis of the motion and argue for the relief sought. The judge makes rulings on each motion but he would probably need to hear testimony or see evidence that the cell phone disturbance did cause interference before granting the motion and suppressing the breath test results. Whether this type of hearing...

    8 lawyers agreed with this answer

  3. DWI - What is a motion for continuance in a DWI (misdemeanor) trial?

    Answered over 2 years ago.

    1. Nathaniel Lewis Miller
    2. Frank Mascagni III
    3. Stephen Neil Foster
    4. James C Forslund
    4 lawyer answers

    A motion for continuance in any criminal case is an attempt by one party (either the State or the Defense, whichever is filing the motion) to reschedule the trial for a specfic reason. Some courts have local rules regarding the granting or denying of a first motion for continuance, others do not. Like most motions, the requesting party needs to present a good reason (such as needing additional time to secure witnesses) for the Judge to consider in making a ruling.

    6 lawyers agreed with this answer

  4. Can I get my criminal record expunged for a crime 19 years ago?

    Answered over 2 years ago.

    1. Nathaniel Lewis Miller
    2. Carey Frank Walker
    3. John Skyler Riordan
    3 lawyer answers

    There is no provision for expunging or even "sealing" the records of arrest and prosecution after you are convicted and sentenced to jail time. The only remedy you MAY have is a pardon from our Governor. I would suggest consulting with an attorney experienced in petitioning for pardons. Good luck.

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  5. Can a person get a charge dropped after they have gone to court and signed on it?

    Answered about 2 years ago.

    1. David N. Smith
    2. Stephen A. Gustitis
    3. Nathaniel Lewis Miller
    4. Ralph U. Whitten
    4 lawyer answers

    Both attorneys above are correct. The likelihood that he will be allowed to even reopen the case is slim... the Judge has complete discretion whether to grant a motion for a new trial - and will usually only do so in extreme circumstances. Even if the motion is granted he will still face the same charge - not a reduced charge, unless a reduction is a part of a new plea agreement.

    3 lawyers agreed with this answer

  6. Do I need an attorney

    Answered over 2 years ago.

    1. Nathaniel Lewis Miller
    2. Florencia Candy Rueda
    3. Justin Kyle Kavalir
    3 lawyer answers

    It is unclear from your question whether your consented or whether the officer carried out what we call a "mandatory blood draw", but it sounds like a blood specimen was obtatined and the blood was sent to labratory for BAC testing. The results generally take 6-8 weeks to be returned to the police department at which time (if the results lead the officer to believe you were intoxicated at the time of driving) the officer will request and likely obtain a warrant for your arrest. I suggest you...

    3 lawyers agreed with this answer

  7. The courts want me to go to rehab for alcohol when my case is about possession with intent to deliver? Can i not go?

    Answered about 2 years ago.

    1. Amanda Michelle Webb
    2. Nathaniel Lewis Miller
    3. Eric J Trabin
    3 lawyer answers

    Your question is confusing in that you say that "they want you to go" yet you will be pleaing guilty open to the Judge. Normally, "they" would be the prosecutors which means that your attending Wilmer would be a condition of your plea bargain agreement. If you do have a plea bargain agreement then your attorney should be the one to discuss your need or lack of need to attend the alcohol program. If there is no plea bargain agreement and you go open to the Judge for punishment, you are bound...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Does a criminal defense lawyer have an ethical obligation to disclose the fact that they are working as a special prosecutor.

    Answered over 2 years ago.

    1. Cynthia Russell Henley
    2. Robert David Richman
    3. Nathaniel Lewis Miller
    3 lawyer answers

    Attorney Henley is right on the money. The District Attorney's Office will appoint competent and capable lawyers as special prosecutors. You are likely in very good hands with the defense attorney you currently have. However, you have the right to hire a different lawyer if you choose. Speak with the attorney you have about your concerns and he or she will be honest about what effect, if any, the special prosecutor assignment may have on your case.

    2 lawyers agreed with this answer

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  9. What will happen when i go to court? How do i get a class B misdemeanor off my record?

    Answered about 3 years ago.

    1. Nathaniel Lewis Miller
    2. Leonard C. Morales
    3. M Elizabeth Gunn
    3 lawyer answers

    I suggest you seek the assistance of a local criminal defense attorney as soon as possible. This may be a case you should fight. It may be a case that an attorney can get dismissed for you. It is very difficult (usually impossible) for a Defendant to get a dismissal of their case themself. Most prosecutors work under strict policies prohibiting them from negotiating with "pro se" Defendants. Because it is a class B misdemeanor and includes possible jail time as punishment, you are...

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  10. Is it possible to have your entire criminal background expunged or sealed ?

    Answered about 2 years ago.

    1. Nathaniel Lewis Miller
    2. Charles Elwood Soechting Jr.
    3. Evan Edward Pierce-Jones
    3 lawyer answers

    There are two types of record sealing processes in Texas - an expunction and a non-disclosure. Individuals may be eligible for an expunction or a non-disclosure is certain criteria are met. Generally, you are only eligible for an expunction is your case was dismissed or your were acquitted at trial. You may be eligible for a non-disclosure is you successfully complete a deferred adjudication probation in certain type of cases. These records sealing processes are governed by statute and are...

    2 lawyers agreed with this answer