James Richard Butler’s Answers

James Richard Butler

Houston DUI / DWI Attorney.

Contributor Level 13
  1. Was arrested and charged with dwi by hpd in harris county (TX), why my case goes to montgomery county? is it good or bad for me?

    Answered over 1 year ago.

    1. Joseph Francis Vinas
    2. James Richard Butler
    3. Peyton Zimmerman Peebles III
    3 lawyer answers

    Houston police officers routinely make arrests in Kingwood, which has portions that run into Montgomery County. When it comes to DWI law, you need a lawyer who has experience defending DWI cases. You also need a lawyer that you feel you can talk to. Since most lawyers offer a free consultation, I suggest you call a few and see what they have to say. As far as hiring a Montgomery County or Harris County attorney, most of us work in both counties. Hope this helps.

    4 lawyers agreed with this answer

  2. Will my license be suspended if was given a plead down from dwi to obstruction of highway ?

    Answered over 1 year ago.

    1. Gene Raymond Beaty
    2. James Richard Butler
    3. John Joseph Eastland
    4. Jodi Soyars
    5. David Christopher Hardaway
    5 lawyer answers

    I agree with Mr. Beaty. If hired today, a lawyer may be able to request a "5 day" reset of the administrative hearing date which will give the lawyer time to review the DIC forms for errors. Also,if a new hearing date is granted,the lawyer can issue subpoenas for the appearance of the officer (s). Even if a reset is not granted,you need a lawyer to do the hearing for you. Hope this helps.

    4 lawyers agreed with this answer

  3. Dont have car so required to get at home device if i get car with interlock device wil i still be required to keep home device?

    Answered over 1 year ago.

    1. James Richard Butler
    2. Macy Michelle Jaggers
    3. Richard Timothy Jones
    4. Jacqueline R. Kriebel
    4 lawyer answers

    This question is best answered by an attorney who practices DWI law in Austin. There are several Austin DWI lawyers who post regularly here, and they can best answer your question, as all judges have different proclivities. In Houston, you could have the in-home device removed if you had the interlock device installed in your vehicle. Typically, it is an either or proposition. There is only one judge I can think of, who routinely requires both. Hope this helps

    4 lawyers agreed with this answer

  4. DWI second sentencing phase of trial - Texas

    Answered almost 2 years ago.

    1. Katherine Ellen Shipman
    2. Stephen A. Gustitis
    3. Martin Ben Zimmerman
    4. James Richard Butler
    5. Seth J. Bloom
    5 lawyer answers

    Subject to notice requirements, it comes in if the court deems it relevant. Hope this helps.

    4 lawyers agreed with this answer

  5. Can I file a wrongful arrest on the bay town police department for arresting me for DUI when i drank nothing and did no drugs .

    Answered almost 2 years ago.

    1. Peyton Zimmerman Peebles III
    2. Macy Michelle Jaggers
    3. Jon P Thomas
    4. W. Troy McKinney
    5. James Richard Butler
    5 lawyer answers

    I agree with these lawyers. The good news is that you will not lose your drivers license because you blew under .08. The bad news is that you still have a pending DWI charge. i know you didn't plan on having to hire a lawyer.You already had to spend money posting a bond and probably getting your car out of impound. Now, you are being told you need to spend even more money hiring a DWI lawyer. I know it seems like your case should be a "no brainer",and that it should be easy to get dismissed....

    4 lawyers agreed with this answer

  6. Will my officer be able to tell I was arrested

    Answered almost 2 years ago.

    1. Martin Ben Zimmerman
    2. Macy Michelle Jaggers
    3. James Richard Butler
    4. David Brent Cox
    4 lawyer answers

    It depends. When you report to your probation officer,you are asked whether you committed any law violations since your last reporting date. Since you we're arrested,there is a record of that arrest. Here's your dilemma - if you admit the PI, you have admitted to violating two conditions of probation. If you lie, and they discover the arrest, you have violated yet another condition of your probation which was to be truthful with your officer. Based upon your record and the fact that you cannot...

    4 lawyers agreed with this answer

  7. How can i get charged with a dui if they didnt catch me driving, icalled them?

    Answered almost 2 years ago.

    1. Macy Michelle Jaggers
    2. James Richard Butler
    3. Richard Timothy Jones
    3 lawyer answers

    First and foremost, I hope you are O.K. You did not mention how much time had passed from the time of the accident,to the time that you called the police. If you were sober (no alcohol), wrecked your car, and then went inside your house and drank while waiting for police to arrive, that is not DWI. In Texas,they must prove intoxication at the time you operated. As my colleague mentioned, the Officer apparently believed he or she had circumstantial evidence to warrant probable cause to arrest....

    4 lawyers agreed with this answer

  8. Can the state of texas use my previous 2 dwi's from 18 and 20 yrs ago against me for prosecution of a third one?

    Answered almost 2 years ago.

    1. Macy Michelle Jaggers
    2. James Richard Butler
    3. Richard Timothy Jones
    4. W. Troy McKinney
    4 lawyer answers

    Unfortunately, they can. Now is the time to hire the best DWI defense lawyer you can find.

    4 lawyers agreed with this answer

  9. I am on pretrial bond and blew a violation on the in home monitor not because of alcohol it was because of raid fumigator

    Answered almost 2 years ago.

    1. James Richard Butler
    2. Macy Michelle Jaggers
    3. Bobby Dale Barina
    3 lawyer answers

    Is there a camera on your device? As I recall, the in home device has a camera on it which may help in your defense. The problem with these devices is that they cannot distinguish ethanol from other types of alcohol. This is why you are given a list of things that you can and cannot do and products that you can and cannot use while one of these devices is installed in your home. You may want to contact Pre Trial Services,or whoever is handling your pre trial release, and explain to them what...

    4 lawyers agreed with this answer

  10. I went to court for a DUI, and was put on 3 months probation, and a few days ago I got a MIP. What is most likely to happen?

    Answered about 2 years ago.

    1. Jim Mitchell Medley
    2. James Richard Butler
    3. Macy Michelle Jaggers
    4. Stephen A. Gustitis
    4 lawyer answers

    Your minor in possession case is a new law violation. That is a violation of your terms of probation. The state can file a motion to revoke your probation resulting in a warrant for your arrest. Some judges will set a high bond or no bond until you surrender yourself to the Court. . I am not trying to judge you, but getting a minor in possession while on probation for DWI is indicative of an alcohol problem. If I were you I would begin attending Alcoholics Anonymous meetings. This way you can...

    4 lawyers agreed with this answer

How can I help you today ?

713-236-8744