James Richard Butler’s Answers

James Richard Butler

Houston DUI / DWI Attorney.

Contributor Level 12
  1. What is the deciding factor if my dwi 3 felony goes to trial?

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. James Richard Butler
    3. Bradford Ryan Kvinta
    4. Richard Timothy Jones
    5. John Paul Thygerson
    6. ···
    6 lawyer answers

    I agree with my colleague. There are so many factors in play in a Felony DWI trial. You have given us no information about the facts of your case. Was there a breath or blood test ? I will assume there was a statutorily mandated blood draw - Are you awaiting the results ? How do you look and sound on the video ? What were the driving facts ? How does your officer present him/herself ? What kind of jurors show up for jury duty in your county ? All of these things play a role in the final outcome...

    20 lawyers agreed with this answer

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  2. I was charged with a dwi in texas what should i expect in court?

    Answered over 1 year ago.

    1. James Richard Butler
    2. Cynthia Russell Henley
    3. Macy Michelle Jaggers
    4. Stephen A. Gustitis
    4 lawyer answers

    When you go to court,tell them you need time to hire your own lawyer. You need an experienced DWI lawyer who is familiar with the courts in El Paso. Ask the court staff who they would hire if they were charged with DWI. Court staff are a great resource. They have a front row seat and have seen many local attorneys in action.If this is your first court appearance, the Court should give you additional time to interview and hire your own lawyer. Finally, because there was a "fender bender",...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. DWI Probation, can it be changed from supervised to unsupervised?

    Answered about 1 year ago.

    1. James Richard Butler
    2. Cody Grant Henson
    3. Ethan Patrick Meaney
    4. George Cave Johnson Jr.
    4 lawyer answers

    Yes it can be done. Especially if the probation officer is on your side. Usually they want to make sure that all conditions have been completed, and that you have had no problems whatsoever while on probation. Although there is no early termination for a DWI probation, it is not unheard of to allow a person to serve out the rest of their probation term on a mail in status. You need the help of a local attorney who knows that Judge and is familiar with the Judges policies. Hope this helps.

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  4. Video altered

    Answered over 1 year ago.

    1. James Richard Butler
    2. Macy Michelle Jaggers
    3. Raymond Ellis Daniel
    3 lawyer answers

    This question is best answered by your attorney. Did your attorney represent you at the ALR hearing ? The reason I am asking , is because your attorney knows the case better than any of us. How does the sound on the video effect your case? Without viewing the video, and knowing more about the facts,no one can intelligently answer your question. The ruling of no probable cause at the ALR hearing may help you convince a prosecutor not to move forward. However,the judge of the County Court, is not...

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  5. Can I be charged with DWI in Texas from an incident in Sept 2012?

    Answered over 1 year ago.

    1. James Richard Butler
    2. Macy Michelle Jaggers
    3. Gene Raymond Beaty
    4. Richard Timothy Jones
    4 lawyer answers

    Yes. They have two years to file charges? You asked what your chances are. Without knowing more details, all I can say is that your chances of resolving this case are much better with a qualified DWI lawyer.That lawyer will examine the type of blood analysis performed. Hospital enzymatic testing can show a false positive for alcohol where there is traumatic injury to muscle and tissue due to the bodies release of lactate. Also, intravenous ringers solution may have been administered in the...

    10 lawyers agreed with this answer

  6. I have a second dui charge and I was on felony probation in california. I have no resources. Where do I go for help to fix this?

    Answered 8 months ago.

    1. James Richard Butler
    2. Samuel Cohen
    3. Derek Anthony Patrin
    3 lawyer answers

    You cannot resolve your California case without returning to California at some point. I agree that you should try to hire your own lawyer to help you resolve your motion to revoke probation, or you can apply for a court appointed attorney. But you cannot simply run away from the problem. In fact, by coming to Texas you have absconded, which is a probation no no. Sometimes things are not as bad as they seem. Perhaps your lawyer could make the argument that you have a substance-abuse problem and...

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  7. Can DWI charged get reduced in Harris County, Houston, Texas?

    Answered over 1 year ago.

    1. James Richard Butler
    2. Macy Michelle Jaggers
    3. Cynthia Russell Henley
    3 lawyer answers

    Toward the end of the term of former District Attorney Chuck Rosenthal,it was not uncommon for the State to offer to reduce DWI charges to Reckless Driving. Then came the administration of Pat Lykos who did away with that policy,and instituted a standard offer of 30 days in jail or a year probation for a first offense DWI. But she also instituted a program called DIVERT. This was a hybrid community supervision and alcohol rehabilitation program, for qualified first time DWI defendants, which...

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  8. Recent Application Process put on hold for a DWI/DUI arrest in 2010. How should I respond to the employer?

    Answered 9 months ago.

    1. Martin Ben Zimmerman
    2. Gene Raymond Beaty
    3. James Richard Butler
    4. Gary Churak
    4 lawyer answers

    Yes you should. I agree with the other lawyers here. Come clean about your past, and show documentation of the dismissal. Then you should look into an expunction of your record. Some jurisdictions will make you wait until the expiration of the statute of limitations of the crime. You must hire a lawyer to do this, as it is most likely not automatic per your pre-trial diversion agreement. Good luck.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. CAN A POLICE OFFICER DESTROY EVIDENCE OF A WITNESS THAT WAS VIDEOING TAPING THE FIELD TEST, WITHOUT RECOURSE?

    Answered 8 months ago.

    1. Macy Michelle Jaggers
    2. Jared Seth Robinson
    3. James Richard Butler
    4. Stephen A. Gustitis
    5. Rixon Charles Rafter III
    5 lawyer answers

    One is reminded of a similar case in Houston where an individual was videotaping police. It ended in a hefty judgement against the City for violation of Civil Rights. I have a problem with police confiscating private property and destroying evidence which might have been favorable to the defense. Time to dig in and fight. Happy Veterans Day. Hope this helps.

    8 lawyers agreed with this answer

  10. Can I get a DWI from when I was 17 off my record.

    Answered about 1 year ago.

    1. Macy Michelle Jaggers
    2. James Richard Butler
    3. Martin Ben Zimmerman
    4. Gene Raymond Beaty
    4 lawyer answers

    Unfortunately the answer is no.. You now have two final convictions for DWI. If you are charged again, it will be a Felony.

    8 lawyers agreed with this answer

How can I help you today ?

713-236-8744