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James Richard Butler
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James Butler’s Answers

284 total


  • 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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  • 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 disclosure is for deferred adjudication probations which are successfully discharged, without conviction. If you took a straight conviction, then it will remain on your permanent record. Hope this helps.

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  • How many times can officer ask you to take a breath test?

    After taking the breath test 4 times I refused the 5th. Now they have said I refused the test. What happens now? Will I face the maximum penalty?

    James’s Answer

    They make one one request where you either agree to give a sample or you refuse to give a sample. However, during the process of administering the breath test, you are sometimes asked repeatedly to repeat the process of blowing into the Intoxilizer - usually because you are giving a deficient sample. If you repeatedly fail to provide an adequate specimen of your breath, it is considered a refusal - just as though you had refused to give a sample from the very beginning. This is an issue your lawyer can look into at the ALR hearing. Remember, you only have 15 days to request that hearing. Hope this helps.

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  • Blood draw for hemophiliacs after DWI arrest.

    Is it true that the police will not do a blood draw after a DWI arrest if you say that you're are hemophiliac? Can you be charged with anything if you falsely claim to have hemophilia but don't?

    James’s Answer

    Really an interesting question. If this was in Harris County,I could see them trying to take a blood sample, irregardless of your condition. I agree with Mrs. Henley - if they were going to take a bloody sample,they would have to take you to a hospital, where they could give you an injection of clotting medicine. The next question is whether taking blood from a hemophiliac is reasonable under the fourth amendment. Hope this helps.

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  • Dwi arrest , diabetic taken to hospital under police custody and was told I wouldn't have to pay by an officer.

    A few months ago I was arrested for dwi and my blood sugar levels were extremely high. I told the officers I was diabetic and needed insulin and they said they would get an ambulance, however I told them I didn't want or need an ambulance and i wo...

    James’s Answer

    The officer didn't have the authority to speak for the hospital. Sorry. It appears they wanted your blood, and tried to "back door" it by insisting you go to the hospital, where they knew a blood draw would be a matter of routine. Remember, people in ketosis have the odor of alcohol similar to a person who is intoxicated. Blood sugar problems also cause symptoms which mimic impairment by alcohol. Hope this helps.

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  • How hard is it to get a DWI dismissed in Galveston?

    I was pulled over for hitting a curb and having a flat tire. When pulled over I told the cop I was very tired and that I was lost. He had me do a field sobriety test and asked if I was willing to take a breath test. After I agreed to the breathaly...

    James’s Answer

    Did the officer take your drivers license from you? Did he give you a temporary drivers license? It sounds to me like you were charged with driving while intoxicated.The officer gave you a choice whether or not to blow into the Intoxilyzer. If you declined, that is considered a refusal. You have 15 days to request a hearing on that issue. Be sure that you request that hearing, because it sounds like there are issues you need to flush out. Specifically, whether the officer requested a breath test, and whether you refused. No one can say whether your case can be dismissed until they have reviewed the evidence, especially any video or audio evidence from that night.

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  • I got a dwi recently. My court date keeps getting reset. I have a trip out of the country in march 2016

    This is my 2nd dwi. My 1st one was like 15 years ago when I was a teenager. The trip is to Greece with a tour group for 9/10 days.

    James’s Answer

    I agree with the other attorneys that your question lacks detail. I am going to answer your question assuming that you already have a lawyer working on the case. I am also going to assume that you do not just want to go in there and plead guilty. That can be done much quicker than fighting your case. From experience I can tell you that fighting a DWI takes time. Especially if there is a blood draw, it takes time to get the evidence. In Harris County, it can take over 90 days before blood results are in. You need to meet with your lawyer, and make sure that the two of you are on the same page as far as the direction your case is heading. Everyone would like a dismissal, but if the state is unwilling to dismiss, then sometimes your only option is to go to trial.

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  • I got my DWI charge dismissed, what could be on my record?

    > Single car accident > hit a light pole, because i fell asleep on the wheel > noone was hurt including me > submitted to a blood test. BAC level 0.045 > hired a lawyer > Retested the blood, came back to 0.036 > gave her me...

    James’s Answer

    You will need to file an expunction. In Harris County they want you to wait until the statute of limitations has expired. I believe the statute of limitations for DWI is two years. As far as your job application is concerned, if they ask if you've ever been arrested for anything at all -the answer is yes. If they ask if you've ever been convicted, the answer is no. Hope this helps.

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