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James Richard Butler

James Butler’s Answers

286 total


  • Are there any legal restrictions to filing an ALR request?

    I was arrested for a DWI and my attorney never requested an ALR, his secretary will not answer me when I ask why.

    James’s Answer

    The request for hearing must be received by DPS within 15 days from the date you received, or are presumed to have received the Notice of Suspension Temporary Driving Permit - form DIC 25. Typically that date is the day or night you were arrested for DWI. If no request is received by the Department within that 15 day period, your license is eligible for suspension, 40 days from the date you received or are presumed to have received that notice. You can fax your request for hearing to (512) 424-2650. Be sure and tell them your name, date of birth, license number, address, phone number, county of arrest, whether it was a refusal or failure,the officers name, the police agency that arrested you, and any other pertinent information. Good luck.

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  • I'm on probation for DWI I have a interlock system in my car and I failed one time and positive for alcohol in one UA test

    I have court next week what can happen

    James’s Answer

    I could give you a much better answer if I had more information. Which court are you in ? Is this a Misdemeanor or a Felony? How long have you been on probation? Are you current on all other conditions of probation? Have you had any other violations? How old are you? What are the facts of the underlying DWI? What was the breath or blood test result ? Was their an accident? Have they filed a Motion to Revoke Probation already ? If so, what are the allegations? Give us this information, and we can give you a better answer. Either way - you will definitely need a lawyer.

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  • What will happen to my Texas drivers licence if i have an out of state dui?

    I am facing a DWI in Michigan and I'm not sure if I need a Texas lawyer as well or if my licence will be affected or not.

    James’s Answer

    • Selected as best answer

    I agree 100% with Mr. Hines. Texas is a member state of the interstate drivers license
    compact. As long as Michigan's DWI laws are substantially similar to the Texas DWI laws,Texas will recognize Michigan suspensions. In other words, if an action occurs in Michigan which would trigger a suspension in Texas, then Texas will suspend your license. Then you will need a lawyer in Texas, to apply for an occupational drivers license.

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  • Will a parking ticket have any bearing on my pending DUI case?

    I have a DUI case pending (first time, class B misdemeanor, no prior criminal history) and received a parking ticket this week for parking within 20 ft from a crosswalk (Did not even know that was a statute, but never mind). My question is, will ...

    James’s Answer

    • Selected as best answer

    Please - I know it's easy for me to say - but really - stop worrying - it will be O.K. You aren't a bad person or a "criminal" just because you were charged with a first offense DWI. And to address the elephant in the room - you most likely wont spend a day in jail for this offense. To answer the more specific question - the municipal court, and the County Court at Law, don't know one anothers business. Therefore, the County Court at Law handling the DWI will have no clue about your parking ticket. Even if they did - they wouldn't care. Hire an attorney who specializes in DWI defense, and let them take over the case - and the worry. That is, after all, what they are paid to do. I wish you the best, and I hope this answer brings you some comfort.

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  • Should field sobriety tests have been administered to someone who just had a "major" accident, & are those results reliable?

    Defendant was found walking near accident scene (car was ultimately declared a total loss). He reportedly couldn't say where he'd been, where he was going, or how the accident happened. The arresting officer interpreted this as an indicator of i...

    James’s Answer

    It depends on the nature and extent of the injuries. The National Highway Traffic Safety Administration, the agency that developed the field sobriety tests ,realized that some people weren't good candidates for the tests, like people who had suffered concussions,head trauma, or other injuries to the body which would keep them from being able to perform the physical exercises. Further - shock can mimic intoxication. Find an experienced DWI lawyer in your area that has litigated these issues.Good luck.

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  • Can you get less than the 30 day minimum for a 2nd DWI in the state of Texas?

    they don't want to give me probation is there a way to get under the 30 day minimum in texas do they give more time if I had a very high bac I didn't crash or hit anything or anyone

    James’s Answer

    That's a shame because probation is a way of getting around the 30 days. If they would agree to punish it as a first offense, that is another way of doing it. A second offense probation carries a three day minimum jail term as a condition of probation, and five day jail term if the prior DWI was within five years of this one.

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  • Is there minimum jail sentence for class A dwi over 3 times the legal limit in TX, I refused the bt and they got a warrant

    to withdraw blood I'm aware of the dl sudpension part, but does it aggrevate or enhance the criminal of the case refusing the bt test? the blood results.came back over three times is there more time for that no accidents, wrecks or speeding where ...

    James’s Answer

    If I understand the question correctly, this is your first DWI, which was enhanced because the test came back over .15, to a class A misdemeanor. If that is the case, there appears to be no minimum jail time. The DWI statute section 49.04 subsection (d),only says that it is enhanced to a class A misdemeanor. It does not mention the 72 hours minimum, which is required for a first offense DWI under section 49.04. A class A misdemeanor is punishable by jail time from zero days to one year, and a fine from zero dollars up to $4000. Most courts will give you credit for the time you already served regardless. The court will require you to have an ignition interlock device installed in your car as a condition of probation. You can seek to have that removed after at least half of the probation time has been served.

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  • I have a dwi with a 2 minor children what am i facing

    This is my first dwi

    James’s Answer

    If the children were 15 or under, it is a state jail felony. Sometimes, a lawyer can get the case reduced to a misdemeanor.

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

    I had a Smart Start device installed in my vehicle. Everything was fine at first then I started having problems with the electrical system witch was caused by the Smart Start device not being connected properly as per electric mechanics. Now I hav...

    James’s Answer

    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.

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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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