Skip to main content
James Richard Butler
Avvo
Pro

James Butler’s Answers

285 total


  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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 !

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • I got 10 years probation in 2000 for dwi skipped out after less than a year if i turn myself in do i have to serve 10 years

    Im 53 quit drinking 10 years ago work full time and stay out of trouble married with a 4 yo girl i know i screwed up but im a different person now i dont wanna go to jail

    James’s Answer

    • Selected as best answer

    How many years in TDC were probated for 10 years? A plea offer will usually be X number of years, probated for Y number of years.
    For example: 5 years TDC probated for 10 years. The range of punishment you would be facing would be from as little as 2 years up to 5 years in TDC. Even then, there may be other options available.

    See question 
  • What can I do about my License Suspension Limbo?

    I got pleaded out and got probation for DWI 2 in Williamson County which came with a 6 month suspension from the ALR and a year license suspension for the DWI to be served concurrently. Williamson County never sent the right paperwork to DPS desp...

    James’s Answer

    I agree with the lawyers here, and I just wanted to share this phone number with you, (512) 424-7180. That's the number for DPS customer service. They answer the phone from 7 AM to 6 PM Monday through Friday, and are helpful in answering any questions you have about your license status, and the steps you'll need to take (if any) to get back into full compliance.Hope this helps.

    See question