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James Richard Butler
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James Butler’s Answers

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  • I drive for a living am I able to continue to drive for my company which knows my situation without violating any laws?

    I have a IID in my car from a DWI and on probation until September 2016 I won my ALR hearing in June of 2015 so my license was never suspended by the state or the court.

    James’s Answer

    Mr. Johnson's answer contains the relevant provision of the Code. Be sure your employer acknowledges in writing, that they are aware that you are required to have an interlock device installed in any vehicle you operate,and that they nevertheless give you permission to operate their company vehicle without one. Keep that writing in the glovebox of the company vehicle. If you hold a CDL (commercial drivers license) then that's another issue altogether. There is a one year disqualification of a CDL for a DWI conviction. Best of luck, and I hope this answer helped.

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  • What is the policy for entering Canada with DWI in the US court system? Thanks!

    I have already selected a lawyer to support me through the trial process for my first DWI (BAC = 0.1) in Houston, TX. A business trip is slated for Feb 2016 in Canada. The website resources aren't straightforward - What is the policy for entering ...

    James’s Answer

    Unless you take action beforehand,you will be denied entry into Canada with a pending DWI charge. A "pending" DWI charge is treated like a conviction for Canadian immigration purposes. The good news is that there are Canadian and American law firms who specialize in helping people with DWI's enter Canada. Just GOOGLE "DWI charge and entering Canada", and read the results. Most of these firms offer free consultations. Good Luck.

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  • Will my license be suspended again if the blood results come back over .08 but my case is eventually dismissed?

    I have served a 6 month refusal suspension and now have my drivers license back. My case is still pending. Blood results have not come back yet.

    James’s Answer

    If you take a "straight conviction" (fine only or jail time or both) you are looking at a suspension from 90 days to a year, assuming this is a first offense. You can petition the court for an occupational license if you take a straight conviction. If you get probation, and complete the DWI education course, you will not lose it. That is,unless the court ordered it suspended as a condition of probation, but that typically only happens in felony cases.

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  • Is it possible to be given jail time for DWI and yet still have license suspended when I get out?

    II am going to court for DWI. I want to do jail time and have EVERYTHING over with. Is it possible to be given jail time and still have my license suspended when I get out? If so, Can I just let time pass by, not drive, not ask for OL, no...

    James’s Answer

    If you take jail time over probation, and assuming this is a first offense DWI, the court will suspend your license from 90 days up to one year. Up to two years if you have a prior. When your license is suspended, DPS will receive notice of that suspension, and require you to carry an SR 22 (safety responsibility 22) insurance rider for 2 years. Do not purchase this from your liability carrier. That rider tells the insurance company to notify the DPS if your insurance lapses or if you drop your insurance - so they can suspend your license.Also, you have to pay a $125.00 reinstatement fee to DPS, or your license will remain invalid until it is paid. If you were ordered by the court to have an interlock device, you will have to either send DPS $10.00, for a new license with an interlock endorsement on it, or send proof that an interlock is no longer required. Texas law allows you to petition the court for an occupational license, to drive in the performance of your occupation or trade. You will need an interlock, an SR 22, and proof of insurance in order to get one. There is no longer a time restriction on when you may drive. I am only addressing court ordered suspensions in my answer. Hope this helps.

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  • What do i need to do to get occupational dl if i got a dui in Oklahoma but live in tx. What has to be done with in 15 days

    The event happened 11-13-2015

    James’s Answer

    You have 15 days to request an Administrative License Revocation hearing from the Oklahoma DPS. If you do not request the hearing, your license will be suspended on the 16th day, for a period of 180 days. Texas will recognize the Oklahoma suspension.You really need to contact an attorney who practices DWI law in Oklahoma,in the county where your case was filed. Best of luck.

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  • Can a failed breathalyzer test come up in court if I was not charged with a dui?

    i got pulled over for making a u-turn when the light was yellow but turning red. I had alcohol in the car and am 18. The cop asked me to take a breathalyzer test just for his knowledge. I failed it but only got charged with a MIP. This is my first...

    James’s Answer

    Generally speaking, the result of a (PBT) or portable breath test device, is inadmissible in Texas courts. I am going to assume that the number the Officer saw was under .08, or you would have been investigated further for suspicion of DWI.Consider yourself lucky. If they are offering deferred adjudication, i.e., take an education class, pay a small probation fee, and after 90 days the case is dismissed - that sounds like a pretty good resolution of the case to me.

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  • I was arrested for DWI (misdemeanor) over two years ago. The DA never filed a formal complaint. Am I off the hook?

    After arrest I bonded out and got an attorney. My attorney received the police report of the arrest but there has been no other correspondence form the court or the DA. I never received a trial date, never entered a plea of not guilty. Looking thr...

    James’s Answer

    My guess is, if no information was ever filed, and over two years have passed, the State would be barred by the two year statute of limitation.

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  • Where can I complete community service involving Alcohol Awareness?

    I was charged with "DUI-Minor" and was given 8 hours of community service involving alcohol awareness and I have to take an Alcohol Awareness course. Is volunteering at MAAD my best bet?

    James’s Answer

    Try calling the San Antonio Council on Alcohol and Drug Abuse (SACADA).
    Address: 7500 US Hwy 90 West #100, South Texas Centre, ATT Bldg., San Antonio, TX 78227
    Phone:(210) 225-4741. They have all kinds of volunteer opportunities available. Hope this helps.

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  • Can my brother get a nearly ten year old Texas DWI conviction overturned?

    This was his second conviction in about 2006, and he plead guilty to it without the benefit of any attorney. He was young and impressionable at the time, and he was told that if he signed the papers, they would release him from jail, so he did wi...

    James’s Answer

    Are you sure there wasn't a court appointed lawyer who took his plea? Whether he represented himself (which we call representing himself "pro-se"), or if he was represented by a court appointed attorney, his attempt to have the second conviction thrown out, and a new trial granted, will be an uphill battle. The attorney you hire on the felony DWI can review the prior judgement's to make sure they can be used to enhance the current DWI charge to a felony. They can also advise you of any post conviction relief you might be entitled to.

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  • Texas dwi laws

    My husband got 2 nd dwi charge before he was convicted for first. This was 11 years ago and both were convicted together on same day with no contest plea. He was arrested for a new charge this year for third DWI . Can this be considered as his thi...

    James’s Answer

    If your husband was charged with DWI,and while that case was pending,he picked up a second DWI, and if he plead both cases the same day, resulting in two separate convictions, then his current DWI will be charged as a 3rd degree felony. To enhance, you have to have a previous conviction. His second DWI would have been charged as a Class B, rather than a Class A Misdemeanor, because at the time he was charged,he did not have a previous DWI conviction.However, in this case, he has two previous DWI convictions, which will be used to enhance this case to a third-degree felony. Depending on the prosecutor, you can sometimes get them to agree to a misdemeanor. It really depends on the prosecutor, and the facts of the case. You have many great DWI attorneys in your area, I suggest you start calling them to set up a consultation.good luck.

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