Skip to main content
James Richard Butler
Avvo
Pro

James Butler’s Answers

284 total


  • Dwi cdl

    If one gets a dwi can they still use their authority with other drivers?

    James’s Answer

    You need to supply more information. What do you mean by "authority"?

    See question 
  • Are there attorneys that are willing to handle ONLY the ALR hearing? I have already paid an attorney to handle the criminal.

    I have already paid an attorney to handle the criminal part of a dwi arrest, but he doesn't handle alr hearings. I need someone to handle my alr hearing set for Sept 14 in dallas tx. I think it's highly unlikely that the two officers involved wil...

    James’s Answer

    I agree with the first lawyer. I cannot imagine a lawyer who is serious about defending DWI cases who would not insist on being present at the ALR hearing to cross examine the arresting officer. But yes, I'm sure there are lawyers in your area who would be willing to handle only the ALR hearing.

    See question 
  • Once you are convicted of a DWI in Texas, how long does it take the DMV to suspend your license? If

    Convicted back in November 2014 but my license has not yet been suspended.

    James’s Answer

    Depends. Assuming there are no other suspensions - if it was a first offense and you got probation, then it should not have been suspended, unless ordered by the court. If you took a "straight plea" which means you either did jail time or paid a fine, or both, then your license should have already been suspended. You can Check the DPS website for your drivers license status. There's a lot of good information there. Good luck.

    See question 
  • Will I be taken into custody at an appearance for motion to revoke, class B (DWI) misd?

    I have a court appearance coming up for motion to revoke. I'm currently unable to afford an attorney. Will I have an option for a court appointed? Also, will they take me into custody on site? The case is motion to revoke for a misdemeanor DWI fro...

    James’s Answer

    Since you are out on bond on the motion to revoke probation, my guess is that they won't turn right around and put you back into custody. Your attitude will be important.But as the other lawyer mentioned, you are on probation, and if I understand you correctly, you just stopped showing up,which is what they call absconding.Because you are still on probation, the judge can revoke your probation, extend your probation, or modify your probation,which could include adding jail time as a condition of probation, or any other reasonable terms which the judge sees fit to add. As for asking the court to appoint you an attorney, If you cannot afford an attorney, they may have you fill out a Pauper's Affidavit stating that you do not have the funds necessary to hire one. In my opinion, you are always better off showing up with your own hired attorney. I'm sure there are attorneys in your area who will be more than willing to talk to you, and who offer payment plans. Best of luck.

    See question 
  • Should i be honest with my probation officer if I've violated a probation on an interlock device?

    I've completed everything the court has asked me to do for my probation.

    James’s Answer

    Be honest with your probation officer, but don't volunteer information, unless it's required by the terms of your probation. When you say you violated your interlock, there are two common types of violations, one which is caused by residual mouth alcohol like mouthwash, the other is caused by drinking the night before. If they see a spike in your alcohol level which quickly dissipates after the second blow, then you may never hear about this. Especially if you have never had problems before. On the other hand, if there is an alcohol reading, let's say for example .03, and the second blow is .026, then your probation officer may want to call you in for a meeting. Be honest, because telling a lie is a violation of probation. I do agree with the attorney who said that they probably already know, so take that into consideration. These devices report failures automatically.

    See question 
  • Received a B.W.I. when not even driving or even in boat.

    When we came back to the dock a person was dropped off to back the truck. At this point i had been the boat driver all day consuming zero alcohol. Knowing it would take over an hour for the truck to be at the boat ramp I let a friend who had also ...

    James’s Answer

    When you say you pulled it onto the trailer, do you mean you physically pulled it onto the trailer using your arms and legs? if so - that's not operating and not BWI. Sounds like a good case to fight. 3 beers doesn't get you over .08. Assuming you had nothing else in your system that could cause impairment, I'd say you have a decent case. Was there a blood or breath test done? Did they videotape your field sobriety exercises? These are definitely things your lawyer is going to want to know.

    See question 
  • If a person violates his or her probation on a third offense DWI will they have back up all the time sentenced.

    Person failed the drug test.

    James’s Answer

    If they are in custody awaiting the outcome of their motion to revoke probation, then they will get credit for that time served. They will not get credit for any jail time they did which was a condition of probation. So let's say they got five years probation, but they had to do 10 days in jail as a condition of that probation,then they would not get credit for those 10 days.

    See question 
  • What happens with a failed ignition interlock test?

    I haven't had my first court date yet the breathalyzer was a condition of bond that I received after I was bonded out. I went to start my truck I had drank the night before and failed. I understand I should not be drinking at all right now. Just w...

    James’s Answer

    Mrs. Henley is correct. It depends on the Judge. The way it works is, when there's an interlock violation, an electronic report is generated which is sent to either the Probation Liaison, the Court Coordinator, or directly to the Judge,depending on the court. Some Judges will admonish you in open court, and warn you that it is not to happen again - "or else !" Some courts will revoke your bond and double the amount necessary to keep you out on bond. This means more money out of your pocket. Just remember, it's best to stay off the Judges "radar" while your DWI case is pending, so please - no more alcohol. I wish you the best of luck.

    See question 
  • What are the laws for dwi with child passenger under 15 X 2 in Texas?

    What amount of alcohol (BAC percentage) is considered illegal and also what if there were therapeutic amounts of prescription medicines (Diazapam and Hydrocodone) in your system? My BAC was .03 and the other prescribed meds were verified to be wit...

    James’s Answer

    DWI with a child passenger is a State Jail Felony in Texas. They do not offer deferred adjudication for this offense in Texas - that's the kind of probation that allows the case to be dismissed upon successful completion. Depending on the facts of the case, it's not uncommon for prosecutors to offer to reduce the charge to a Misdemeanor DWI. But you are a long way from pleading guilty and giving up on this case. Depending on your facts, they may have a hard time proving intoxication.Was there an officer involved that called himself or herself a DRE or drug recognition evaluator (not expert) ? In order for the evidence of therapeutic amounts of prescription drugs to be relevant and admissible, they must be able to testify that those drugs were active in your system and exerting their pharmacodynamic effects. Otherwise they are irrelevant and inadmissible. Without a 12 step drug evaluation, which must include a confirmatory urine or blood test, they may not be able to prove relevance. It sounds like you have some good defense issues which need to be explored. How do you look and sound on video? What medical or mental/emotional impairment do you have ? These are all important questions because they make up who you "normally" are, and after all - they're trying to say you weren't normal. Remember- some people are only "normal" because they take medication. Now is the time to hire the best DWI defense attorney you can find in McLennan County - that is, assuming the case was filed in Waco, who has defended DWI by drug cases. I hope this answer gives you a ray of light, at the end of a long dark tunnel. Best of luck.

    See question 
  • I am facing my 4th DWI

    Was driving a huge tortoise was in the middle of the road, swerve to miss it, over corrected and flipped my car, blew in the breath machine and failed the field soberity test, I wasn't drunk not inebriated a little high, can you help me avoid prison?

    James’s Answer

    No one can tell you whether the offer the prosecutor will make will be prison time or probation. The bottom line is that none of us know the strength or weakness of the prosecutors case, or for that matter, whether they can prove up the prior convictions necessary to make this a felony. So it's hard for us to say what could happen. If your case is charged as a third degree felony, the punishment range is from 2-10 years in T.D.C. with up to a $10,000.00 fine. Your license is also likely to be suspended. For all we know, they could offer you probation, which requires a minimum of 10 days in County jail as a condition of probation, and you will be required to have an interlock device installed in your car, which will keep you from operating your motor vehicle if you've been drinking. You need a lawyer that knows how to defend DWI cases. Preferably one in the County where you're charged. Take my advice - go to AA every day, if possible, and be sure to have someone sign a sheet as evidence that you attended the meetings. Believe me - there is nothing worse than having a judge ask a person accused of felony DWI, what they've been doing while they've been out on bond fighting their case, and having them answer "nothing." You want to be able to look that judge square in the eye and say with all sincerity - "Your honor, I've been trying to get help."

    See question