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James Richard Butler
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James Butler’s Answers

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  • I'm going to court soon for a dwi if Is there a way to reduce the plea offer?

    I had a high bac and another dwi in another state many years ago so they are pretty steep in sentencing what are my options if I don't want to take the offer. can my lawyer bargain at another court date? Do I have to plea on my arraignment?

    James’s Answer

    Assuming you are meeting all of the conditions of bond, your lawyer should be able to reset the case and continue negotiating on your behalf. I must say - I agree with Mrs. Henley. If you have a lawyer, this question is best answered by them. Good luck.

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  • I got appointed a lawyer who isn't so good for 2nd dwi in TX, what can I do if I don't want to accept the plea deal?

    I can't afford a lawyer I had a friend who was represented by him and he just forced him to sign the plea deal if don't want to accept the deal what are my options? he never returns my calls or anyrhing I'm so scared options?

    James’s Answer

    First, you should be comforted by the fact that all appointed lawyers are held to the same standard of professionalism as a retained lawyer. Paid or appointed, your lawyer has a duty to zealously advocate for you on your behalf, research the law and the facts, and be available to answer your questions, and address your concerns. If you are telling your lawyer you are innocent, and your lawyer is telling you that you have to plead guilty - then that's a problem, and you should ask the court to appoint another lawyer. You are encouraged to follow your lawyers advise, but you aren't required to. You know whether you were intoxicated better than anyone. If you want to plead not guilty, then the court will most likely set your case for trial. I would imagine that the trial date you would receive would be sooner on the calendar than later - it depends on the size of the court's docket. I would encourage you to seek the advise of an El Paso lawyer who practices DWI defense. There are those who are willing to give you a free consultation over the phone, and work with you on payments. As far as the plea offers your court appointed lawyer brought you - the offer on a 2nd DWI never sounds as good as the first. There are many statutory hardships placed on a second offender.

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  • I was never arrested for DUI after my accident last week Can I still be charged? On the road and worried what's in my mailbox.

    He used a portable breathalyzer and I was over the limit. But they said they decided to let me go. Can the prosecution still file charges? I was never given a field sobriety test and never taken to the police station. I got a ticket for reckle...

    James’s Answer

    Technically yes - but It sounds to me like you caught a lucky break. My guess is that the "PBT" or Portable Breath Test device showed you well under the legal limit. Although the PBT results aren't admissible in trial, they are used by some officers to determine if they have probable cause to arrest someone for DWI. My guess is that once the officer saw the low number, he decided to cite you for reckless driving ,instead of spending the rest of his shift processing you for DWI.

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  • Are you able to submit a plea with a DWI charge...

    First time dwi

    James’s Answer

    In all cases you are allowed to submit a plea - i.e. ,"guilty," or "not guilty." In some courts, a plea of "not guilty," will be entered for you by the court. You can always change that at a later time, should you decide to accept a plea bargain.The real question is which of these pleas is in your best interest ? For that answer, you will need to consult with a local DWI attorney in your area.

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  • How long does it take to go to court on a DWI??

    First dwi charge

    James’s Answer

    Once charges are filed - as long as it takes to get the results we desire.

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  • I have a court date Thurs in Kentucky regarding a DUI. But I am in Texas. Can I reschedule my court date and who do I call?

    I found myself homeless and a relative helped me get to their house in Texas.

    James’s Answer

    Call either the coordinator of that court or the court's clerk and explain your situation. Be completely honest with them in explaining your situation, and ask if they can reschedule your court date. If you are currently seeking treatment for alcohol or drug abuse - that would be a plus. Be sure you can document that - if that is the case. Best of luck.

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  • Whats the worst outcome i can face on this, do i need a lawyer or can i represent myself?

    Pulled over while texting at night because i swerved a little on the road. I had also been drinking not too long before being pulled over. I did the field sobriety tests and passed, then i blew a .08 Another officer came and took my car and park...

    James’s Answer

    Oh my goodness ! This is the kind of case that those of us who litigate DWI cases chomp at the bit for. You have nice facts here. It's hard to believe they went with the higher of the two numbers. In Houston,Texas, they go with the lower number. There are many fine DUI lawyers in your area that would love to help you with this case. As the other attorney mentioned - there are many of us who will work with you on payments. Please hire an attorney to help you - just be sure that attorney has DWI jury trial experience..Good luck !

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  • Is a witness reporting someone swerving probable cause for a dui stop

    Was arrested for dui after walking out of convenient store

    James’s Answer

    The trend is to look at the "totality of the circumstances"known to the officer at the time of making the stop. Typically, in the scenario you have laid out, the officer will locate the reported vehicle, and either (1) observe evidence of impaired driving driving, independent of the citizens report., or (2) witness some sort of traffic violation, which gives them P.C. to stop the vehicle for that violation. As the other lawyers have mentioned, this is a complex area of fourth amendment law, and one that is best left to a skilled attorney in your local jurisdiction.

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  • Will I get jail and license suspension the day I am convicted in court?

    First DWI, Texas, Williamson county. The court offered me probation. My court date is reset to next month. I am definitely going to be convicted. I have a valid license right now cause of ALR hearing. However, I am stressed in uncertainty on ...

    James’s Answer

    Typically if you receive probation for a first offense, there is no suspension. Just be aware that the judge can suspend your license as a condition of probation. Also be advised that they can order you to have a an interlock on your car. That is a device that keeps you from operating if you consumed alcohol.

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  • If my license was never suspended and i never got surcharges for my first offense dwi, am i suppose to have an interlock?

    blew over .15 license never got suspended never got issued surcharges required to get interlock but never issued IID license its been over a yr since my arrest and I've been on probation for 10 months

    James’s Answer

    An interlock device is required by statute because you blew over .15. The good news is that your lawyer can move the court to remove it after one half of the probation period has expired. Also - the judge is not required by statute to order the interlock device installed, if the judge believes it is in the best interest of justice not to do so. Hope this helps.

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