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James Richard Butler
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James Butler’s Answers

271 total


  • Will the DWI arrest be included in the non-disclosure order after completing a deferred sentence for obstruction of highway?

    I am likely to receive an offer to reduce a DWI charge to obstruction of highway with deferred adjudication, and will need to make the decision I assume all face between accepting the offer and taking my case to trial. However, I wanted to confirm...

    James’s Answer

    Nondisclosure is only applicable to the case you received deferred adjudication on, and not the DWI. Are they going to dismiss the DWI and re-file the case as Obstruction ? Seems to me they would have to. Then by agreement, perhaps you could expunge the DWI, since presumably they did not have enough evidence to make that case. Hope this helps.

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  • How long does it take to process a 2nd offensive Dwi?

    I was arrested on October1 2014 for 2y 2nd Dwi offense. I have had to have a breathalyzer in my vehicle which was ordered by the judge who posted my bail and one court date two months after my arrest.They postponed my court date because of blood w...

    James’s Answer

    I will answer this question assuming jurisdiction is in Harris County. The fact that you went before a judge and are on bond conditions, leaves me to assume that charges have already been filed for DWI second offense. Blood sometimes can take up to 90 days to test. I assume you have an attorney ? I cant imagine your not having one since the case has been pending for over 8 months now. Most Harris County judges want you to either hire your own attorney, or if you're indigent, they will appoint you one. Are you set for trial ? One County Court has a docket where court dates are set far apart - the last setting being Jury Trial. Ask your lawyer what your case is set for. You can also look this information up on the District Clerk's website. Communication is key to representation. Ask your lawyer - he or she can tell you better than we can.

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  • How do you compare the performance of a rookie young cop versus experienced cop in a DWI court proceedings?

    Just curious to know who would be more tough to beat, whose report will be more solid etc. based on your experience.

    James’s Answer

    I agree with the other lawyers answers here, and would only add that sometimes people feel sympathy toward the rookie, when he admits he's nervous on the stand because it's his first trial, and admits he made mistakes. Juries want to reach out and help him up when he stumbles, as long as his motives are pure, and he maintains his credibility. Likewise, a veteran officer, who is less likely to stumble, will be perceived in a positive light, unless, and until, he loses credibility with the jury. It's all about credibility. Credibility has no boundary in age or experience level.

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  • How can I fight this DWI?

    I was hit from behind it totaled my car, I was knocked out & my Son was with me & while in ambulance Highway Patrol crammed breathalizer forced in my mouth & followed to Ambulance to ER & got a blood test from me without reason he searched my vehi...

    James’s Answer

    If DPS put a device in your mouth and had you blow, it was most likely a PBT device, whose results are inadmissible at trial, but whose results can be used to establish probable cause. Assuming the PBT gave them probable cause to believe you were DWI, they then either obtained a warrant, or a grand jury subpoena, to obtain the hospital blood results. Fortunately the child was not younger than 15, or you would have been charged with a felony. Don't assume that you have no defense.You need to hire an attorney whose practice is focused on DWI Defense,who has defended blood test DWI cases. I suggest you hire one that routinely practices in the county in which you are charged.

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  • Boyfriend blew a 0.00 for the breathalyzer, voluntarily took blood test because he doesnt do drugs but his field sobriety test..

    If the blood test was to come back negative what would the next steps be? Does the case become dismissed or will charges still be filed?

    James’s Answer

    I can only pray that the district attorney would do the right thing and dismiss that case. I hate hearing stories like this. Sorry that he had to go through all of that.

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  • Is there a chance of probation reinstate

    On probation for my 3rd dwi since its only been 3months is there a chance I can get reinstate

    James’s Answer

    It depends- you really haven't given us any information.

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  • On probation first offense didn't report court was set again and I didn't go

    I got a DWI first offense didn't report only twice got another date set and I didn't go to court I have a 2000.00 bond if I get arrested will I be able to post bond if so how much would I need to pay to get out. I have another court date what's go...

    James’s Answer

    I can't speak for your County, but in Harris County they would double the bond. Stay put and answer the charges - there will be a lot less trouble in the long run. You need to be sure to stay in contact with your bond company. You don't want them to surrender your bond. If they think you're a flight risk they could do so. Plus, you're going to want them to post the new bond for you if one is set.

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  • How can highway patrol officers arrest someone for dui if they are not in the vehicle?

    we called a towing service to tow a van out of the ditch and the towing service called the highway patrol . I called the tow truck to ask how long it would take and they said the highway patrol was at the incident and i should go back there becaus...

    James’s Answer

    Apparently someone told them your husband was driving. They don't actually have to catch him behind the wheel in order to charge him with DWI. Remember, being charged with a crime, is different from being convicted of a crime. The State still has to prove their case beyond a reasonable doubt.

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  • Can I see my records before hiring a lawyer in DWI case?

    My pre trial is set for about a month from now. I like to view my records regarding the blood test results. The clerk told me in order to see anything I first need to sign a form to waive my right to hire an attorney. Am I entitled to view ...

    James’s Answer

    I think what she meant was that you could represent yourself pro-se. Trying to do this on your own is not advisable. You really should hire an attorney who practices DWI defense.

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  • Will I ever be eligible for an order of non-disclosure for Obstruction of Highway in Texas?

    In March of 2012, I was charged with DWI 2nd. I had been convicted of DWI 1st in 2009 and successfully completed probation. After the 2012 arrest, my blood was tested 3 times and showed no presence of alcohol or drugs and then I was told the sampl...

    James’s Answer

    Non disclosures are for deferred adjudications that are successfully completed.

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