James Richard Butler’s Answers

James Richard Butler

Houston DUI / DWI Attorney.

Contributor Level 12
  1. Ignition Interlock Device................Help?!

    Answered almost 2 years ago.

    1. James Kevin Hayslett
    2. James Richard Butler
    3. Gene Raymond Beaty
    3 lawyer answers

    Typically,the car with an interlock device installed can be driven by other family members. However, if anyone causes a positive result for alcohol, or a lockout, your boyfriend will be blamed. Most judges in Harris County require interlock devices equipped with cameras for this very reason. Does your device have a camera? If not, you may not want to risk driving the vehicle, because the court always assumes the client was the driver when there is a lockout. Read the posts here on AVVO, and you...

    4 lawyers agreed with this answer

  2. Can i still get my DWI expunged if I'm underage?

    Answered over 1 year ago.

    1. James Richard Butler
    2. Gene Raymond Beaty
    3. Macy Michelle Jaggers
    4. Stephen Neil Foster
    4 lawyer answers

    If you can win the DWI case at trial, you can get it expunged as a matter of law. If the case is dismissed,you may be able to petition for expunction after two years, which is the Statute of limitations on a DWI. If the Harris County D.A. would ever offer per trial diversion,which falls outside of Article 42:12 of the Code of Criminal Procedure, that too could possibly be expunged. As you can see, there are a lot of "If's" involved in my answer. What ultimately happens in your case will depend...

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  3. Is it a good idea to ask for court appointed attorney for my unemployed 26 year old son with zero asset. Charged with DWI in TX.

    Answered about 1 year ago.

    1. James Richard Butler
    2. Evan Edward Pierce-Jones
    3. Gene Raymond Beaty
    4. Lucio Antonio Montes
    4 lawyer answers

    Your sons case is going to be somewhat complex because of his mental condition. Zyprexa is an antipsychotic drug. I imagine the officer thought he was impaired on Zyprexa, not understanding the nature of the drug. I'm sure the officer was looking for the cause of what he believed to be impairment. He thought your son had lost his normal mental faculties, not knowing what your sons normal mental faculties were. If you have no money, then there are many fine attorneys who do court appointments....

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  4. My husband was stopped on May 5 2013 and his charges are DWI... hes in Harris county right know what are the chances

    Answered about 1 year ago.

    1. James Richard Butler
    2. Jacob Robert Jenkins
    3. Joseph Francis Vinas
    4 lawyer answers

    You need to hire an experienced DWI attorney. You also need to hire an immigration attorney. Is he here legally ? An immigration lawyer may be able to get him a bond on the immigration hold. It depends on his circumstances. It could be that the other case was for something other than DWI. Most DWI charges lead to an arrest, not a ticket. Is he under 21 years of age? He may have been charged with Driving Under the Influence of Alcohol by a minor (enhanced) or Public intoxication ( enhanced )...

    3 lawyers agreed with this answer

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  5. Charged with dwi had child in the car but not charged with child endangerment.

    Answered over 1 year ago.

    1. Gene Raymond Beaty
    2. Ryan Joseph Mitchell
    3. James Richard Butler
    4. John Joseph Eastland
    5. Peyton Zimmerman Peebles III
    6. ···
    6 lawyer answers

    With all respect, this question is best answered by the Prosecutor's office. Those on this list serve defend the citizen accused. I am sorry about your circumstances, and hopefully the child was unharmed - physically. It is a sad day when a child sees a parent arrested, regardless of the culpability of that parent. It is always the child who suffers.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. ODL- Deep lung device question again.

    Answered 2 months ago.

    1. James Richard Butler
    2. Reshard Juquin Alexander
    3. Cynthia Russell Henley
    4. Stephen Ross Cohen
    4 lawyer answers

    Was your license suspended for the first DWI? Is it currently suspended, and if so, for how long? If a person is convicted of a second DWI , and their prior DWI conviction was within 5 years - they typically face a "hard suspension" of their drivers license - meaning they are unable to drive on an occupational license for that period of time. There are few exceptions, so please contact your attorney and make sure you are eligible to drive. Driving when your license is suspended is a criminal...

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  7. Brazoria Tx

    Answered about 1 year ago.

    1. James Richard Butler
    2. Anthony Michael Solis
    3. Ethan Patrick Meaney
    3 lawyer answers

    I would add one thing to the other attorneys answers - Be sure that you have consumed no alcohol within the prior 4 to 5 days before you ask that question. Stay sober my friend.

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  8. I have an interlock device on my vehicle, how do I got about getting it removed?

    Answered almost 2 years ago.

    1. James Richard Butler
    2. Thomas Lane Hooton
    3. Amanda Michelle Webb
    3 lawyer answers

    Typically you will need an order of removal which you can obtain from the court. in Harris County this is an informal process and is handled through the probation liaison officer.

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  9. Convicted of a DWI in Texas, understand it will impossible to get it expunged, is it possible to get non disclosure order?

    Answered 2 months ago.

    1. Macy Michelle Jaggers
    2. Roderick Carlos Lopez
    3. Cynthia Russell Henley
    4. James Richard Butler
    5. Steven Ray Green
    6. ···
    7 lawyer answers

    I think the best way to handle this situation is to be completely open and honest about your DWI conviction. I understand how embarrassing it can be to disclose the fact that you were arrested for DWI. But you can take that conviction, turn it around, and use it as a positive. You can explain that before you received probation, you had no idea how alcohol affected the body, or how dangerous it was to have a few drinks and then drive. You can explain that your DWI arrest lead you to make...

    3 lawyers agreed with this answer

  10. Inactive Case status on a recent DWI

    Answered 4 months ago.

    1. James Richard Butler
    2. John Christian Bohren
    2 lawyer answers

    It probably means that the District Attorney's Office has not filed an information in the case. Once they conduct their investigation and assuming they accept charges, they will file a criminal information in the appropriate court having jurisdiction over the case. The criminal information is the charging instrument. You will most likely receive a summons to appear before that court. Your best bet is to contact a local DWI defense attorney who has experience with the courts in your jurisdiction....

    3 lawyers agreed with this answer

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713-236-8744