James Richard Butler’s Answers

James Richard Butler

Houston DUI / DWI Attorney.

Contributor Level 13
  1. What is the maximum jail time for a 2nd DWI?

    Answered over 1 year ago.

    1. Maverick Ray
    2. Macy Michelle Jaggers
    3. James Richard Butler
    4. Christopher Irvin Simser
    5. Hubert Ray Steinmann
    5 lawyer answers

    If I understand your question correctly, your husband has a motion to revoke his second DWI probation. Is that correct ? I agree with the other lawyers on the punishment range. Just remember the punishment range is from 30 days up to one year which includes everything in between. And from zero dollars up to $4000 and everything in between. Plus, there are other options available to the judge besides incarceration, including modification of the terms of probation, extension of the probation...

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  2. Am i eligible for the deferred adjudication program for my first dwi, i am 20 years old.

    Answered about 1 month ago.

    1. Cordt Cullen Akers
    2. Mario L. Vasquez
    3. Kyle Christopher Simpson
    4. Manasseh Lapin
    5. James Richard Butler
    6. ···
    6 lawyer answers

    Deferred adjudication went by the wayside in the early 80's. As Cordt mentioned, Pre Trial Diversion offers the benefit of a dismissal, if it is successfully completed, as well as the opportunity for expunction of your arrest record. If your case was filed in Harris County, your BAC must be below .15, and you can't have ANY prior arrests. You also must have had valid liability insurance at the time of your arrest, and there must not have been an accident involving substantial property damage,...

    5 lawyers agreed with this answer

  3. Can I expunge records from a 3rd DWI? I've been off paper for 8 years with not even a traffic ticket.

    Answered 4 months ago.

    1. Efrain Sain
    2. James Richard Butler
    3. Tristan Nicolas Legrande
    4. Gary Churak
    4 lawyer answers

    Unfortunately - no. Expunction is only available for acquittals or cases which are otherwise dismissed. Since we are talking about a felony DWI probation, we know there was no deferred adjudication, therefore it was a final felony conviction.

    5 lawyers agreed with this answer

  4. I need help!!!

    Answered 4 months ago.

    1. Cordt Cullen Akers
    2. James Richard Butler
    3. Jay Scott Finnecy
    4. Julia E. Simmons
    4 lawyer answers

    Get a lawyer in the Georgia county where you received probation. Try to get a bond on the outstanding warrant, so you can get a court date set to resolve the outstanding MRP, or Motion to Revoke Probation. It's been a year - time to put that case to rest. If you have time off during the holidays, that might be the best time to try and resolve the MRP. You may have to serve some days in jail - but hopefully not too many. Bottom line - the case will be resolved and you'll finally have some peace...

    5 lawyers agreed with this answer

  5. Why do attorney's want to subpoena video/audio/91l at the police station and inside the cop car due to my DWI arrest?

    Answered 5 months ago.

    1. Cordt Cullen Akers
    2. James Richard Butler
    3. Gary Churak
    4. John Joseph Eastland
    5. Jonathan D. Esten
    5 lawyer answers

    Your attorney is doing their job by reviewing all of the evidence.

    5 lawyers agreed with this answer

  6. I got arrested for a DWI BAC 0.15. can you please explain what I can expect? Am in houston TX

    Answered 6 months ago.

    1. Cordt Cullen Akers
    2. James Richard Butler
    3. Jeffrey Alan Hines
    4. Peyton Zimmerman Peebles III
    4 lawyer answers

    The first thing you can expect is that the court will require you to get an interlock device on your car. You need to contact an experienced DWI lawyer as soon as possible, There is a fifteen (15) day time limit to request the ALR hearing - this is the hearing where the lawyer tries to save your license. Sometimes people go to court without a lawyer there first setting, and the case is reset for them to hire a lawyer, and they forget about the hearing request. So please be mindful of that...

    5 lawyers agreed with this answer

  7. What are some outcome of a dwi with an open container pre-trial? Is there anyway to avoid jail time

    Answered 6 months ago.

    1. Roberto Ambrosino Jr.
    2. James Richard Butler
    3. Wayne Allen Fowler
    4. Gary Churak
    5. Christopher M. Lankford
    6. ···
    6 lawyer answers

    Pre-trial means you want a resolution before trial. That means plea bargain. You are concerned about the 6 days in jail if it's found you were DWI and had an open container of alcohol in your possession. That can be negotiated away if you do a straight plea. If you do probation, the 6 days is probated- that means you don't actually serve the days. Hope this helps.

    5 lawyers agreed with this answer

  8. Can I remove my smart start interlock myself if I have already received court order to get it removed?

    Answered 8 months ago.

    1. James Richard Butler
    2. Adam Michael Lahood
    3. Cynthia Russell Henley
    3 lawyer answers

    Pay the money and do whatever it takes to get rid of the thing. Then weigh your options - which may include filing a lawsuit in JP Court for damages. Be sure you have evidence to prove that their negligence caused your damages. Good luck.

    5 lawyers agreed with this answer

  9. If a DWI case has been postponed every date for the last 2 1/2 years, shouldn't the penalty be reduced?

    Answered 10 months ago.

    1. Thomas Crosby Stephenson
    2. James Richard Butler
    3. Cynthia Russell Henley
    4. Gene Raymond Beaty
    5. Thomas Lane Hooton
    5 lawyer answers

    You need to sit down with your lawyer and have him or her answer this question. There may be a reason the case is being postponed. If the person has been subjected to bond conditions which are similar to probation, the court may take that into consideration in determining what punishment is appropriate, should the case plead out. Like I said, ask your lawyer why the case is being delayed - especially if the case is not on the trial docket. Not sure what the $5000 -$7000 in fees are, unless we...

    5 lawyers agreed with this answer

  10. My probation for DWI ends Jan 17th 2014 and i need to travel overseas from Jan 5th onward,will the PO or judge create problem?

    Answered over 1 year ago.

    1. Gene Raymond Beaty
    2. Macy Michelle Jaggers
    3. James Richard Butler
    4. Ethan Patrick Meaney
    4 lawyer answers

    It should not be a problem. Have your lawyer go by the court and speak to the judge. Be sure that all of your conditions have been met, all fines and fees have been paid off, and that you have no interlock violations.

    5 lawyers agreed with this answer