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Wayne Allen Fowler
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Wayne Fowler’s Answers

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  • I received the Mass uniform citation that charges me for operating uninsured/revoked registration car. I have to go to the court

    One crashed onto my rear bumper. Then the policemen came and asked for registrations. When I showed him my registration, he said I was driving without insurance and my registration had been revoked. However, I actually had insurance, which I bough...

    Wayne’s Answer

    I wouldn't worry so much about which box was checked. Just because a box is checked by a police officer doesn't make or change the character of the violation. The good news is that you have evidence to show you had insurance at the time and you have current registration. Just bring your documentation with you to court, and you can likely get the violation(s) dismissed without too much difficulty.

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  • Can i get out of a driving on suspended ticket if on the ticket the name license number everything was put in passengers name

    went to jail got booked bonded out been on bond 3rd offense if found guilty.

    Wayne’s Answer

    If everything was in the name of the passenger, you have some defenses to work with. I would contact an attorney (you do not want to do this yourself for the best outcome).

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  • I got pulled over last week for driving on an expired license

    I went to renew the license and to obtain aohio license _ ( previously licensed in IL) inly to find out my IL license was suspended for not paying a speeding ticket that is over 3 yrs old. No clue why it never got paid . Anyways, i have court thur...

    Wayne’s Answer

    The easiest approach would be to find an attorney that handles traffic violations in IL. You can find them on this site--just do a focused search. This attorney would be able to lift the warrant in many instances. As for the money issue, you may be able to work it out with an attorney, but that would be an individual choice. Good luck.

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  • Is it legal for a police officer to open my front door, and come in to my house and arrest me for dwi, on "witness" testimony?

    there was an accident, but absolutely no injuries. the police witnessed nothing. they based their arrest on 911 call.

    Wayne’s Answer

    The police have several "tools" at their disposal that would allow them to enter your home and arrest you without a warrant. BUT that doesn't mean they did so properly. You need to contact an attorney that can address these issues. It may be possible, depending on the facts, to file a motion to suppress to exclude evidence gathered by the police, based on an illegal search. Your attorney will know what to do.

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  • What are the stipulations or consequences of an obstruction of passageway?

    I have an offer in place of my dwi, but I don't feel like I should take this offer. I am going to meet with my attorney to discuss this further, but I was just curious about how this would affect my future.

    Wayne’s Answer

    An "obstruction" charge is a reduced charge that is definitely preferable to a DWI on your record, however, there are many more factors to consider before you would accept an offer like that. Definitely do NOT accept any offer without having an attorney look at your case. It may be that there is something wrong with the DWI case that an attorney could get the case dismissed completely--you just don't know. This scenario happens many times when a prosecutor knows they have a lousy case and make you think you are getting a "great offer," and they know you don't have an attorney. The fact is you are likely never going to get a great offer without an attorney. Start there.

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  • In the state of Texas, is an offense considered an arrest or conviction? Two DWI arrest, first lowered.

    Hello, just doing research and a lot seems vague (hence why we have attorneys). I was recently arrested for my second DWI after 9 years and the first one was dropped to obs hwy/deferred. It seems that I am being prosecuted as a second offense bu...

    Wayne’s Answer

    Simply, you are being charged with a Class A Misdemeanor because your blood alcohol is over 0.15 (below this number, you would have been charged with a Class B misdemeanor). No need to be concerned about the obstruction of a highway charge from nine years ago--it has no impact on this DWI. Regardless, you could be looking at a maximum of a year in jail and possibly a fine of up to $4000. You need to get an attorney now to help you avoid the worst case scenario.

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  • Federal case possession of unregistered firearm penalty?

    My husband is currently serving a 5 year state sentence for felon possession of a firearm, and currently got served with a detainer from US Marshal's for possession of unregistered firearm, I'm looking to hire an attorney and defenetly don't want ...

    Wayne’s Answer

    A federal criminal defense attorney will be able to answer your questions far more pointedly than we can here. They will be able to get facts concerning the case from you that we do not want you to reveal on this forum. They will also be able to explain the differences between state and federal charges and how they are handled--usually quite differently than you might expect. Many attorneys offer a free or low-cost consultation. Find one in your area from this site and give them a call. Knowledge is power.

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  • Do I have to answer "yes" to the question, have you ever had a criminal record expunged or sealed? 34 years ago in college.

    I was charged with a misdemeanor. I had my record expunged,but at one time they did see it on my record. I am applying for a substitute position in the Cleveland Metropolitan School District. I retired from there on Sept.1, 2013.

    Wayne’s Answer

    Full disclosure is the best decision, regardless of whether you could lie on the application and get away with it. They need honest teachers, not dishonest ones. Even though you answer yes to the question, you will get an opportunity to explain the circumstances surrounding the original charge and how you have learned from your mistake, matured since your youthful indiscretion, or whatever was the issue. Just be open and honest and expect the best.

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  • Went over my prison release date .can i do something about this or no?

    my husband was imprisoned past his release date, while in prison requested for sentence mod and court admitted on record to messing up. he went over a year past release date. is there something we can do?

    Wayne’s Answer

    You may be able to, yes. Likely, you will want to speak to a civil attorney who can hold the system's feet to the fire for their mistake and provide him with a civil damages award for the time he was incarcerated over his release date.

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  • The difference between a criminal trespassing asking charge and a trespassing charge on hud property to visit my wife and childr

    I was arrested on Aug 1 2014 for burglary of a building and they are trying to get me to confess and question me on other things

    Wayne’s Answer

    Let them try, but do NOT answer any of their questions without first getting a lawyer. I cannot be clearer--DO NOT speak to them. You need an attorney now. That should stop the questioning attempts. I'm not real sure I understand your question, but sometimes an attorney can get a burglary charge "reduced" to a criminal trespass depending on the specific facts in your case (and I do not have enough to say if that is a possibility in your case), but again, your attorney will cover that with you. Don't wait; run to an attorney.

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