Skip to main content
James Richard Butler
Avvo
Pro

James Butler’s Answers

277 total


  • What happens with a failed ignition interlock test?

    I haven't had my first court date yet the breathalyzer was a condition of bond that I received after I was bonded out. I went to start my truck I had drank the night before and failed. I understand I should not be drinking at all right now. Just w...

    James’s Answer

    Mrs. Henley is correct. It depends on the Judge. The way it works is, when there's an interlock violation, an electronic report is generated which is sent to either the Probation Liaison, the Court Coordinator, or directly to the Judge,depending on the court. Some Judges will admonish you in open court, and warn you that it is not to happen again - "or else !" Some courts will revoke your bond and double the amount necessary to keep you out on bond. This means more money out of your pocket. Just remember, it's best to stay off the Judges "radar" while your DWI case is pending, so please - no more alcohol. I wish you the best of luck.

    See question 
  • What are the laws for dwi with child passenger under 15 X 2 in Texas?

    What amount of alcohol (BAC percentage) is considered illegal and also what if there were therapeutic amounts of prescription medicines (Diazapam and Hydrocodone) in your system? My BAC was .03 and the other prescribed meds were verified to be wit...

    James’s Answer

    DWI with a child passenger is a State Jail Felony in Texas. They do not offer deferred adjudication for this offense in Texas - that's the kind of probation that allows the case to be dismissed upon successful completion. Depending on the facts of the case, it's not uncommon for prosecutors to offer to reduce the charge to a Misdemeanor DWI. But you are a long way from pleading guilty and giving up on this case. Depending on your facts, they may have a hard time proving intoxication.Was there an officer involved that called himself or herself a DRE or drug recognition evaluator (not expert) ? In order for the evidence of therapeutic amounts of prescription drugs to be relevant and admissible, they must be able to testify that those drugs were active in your system and exerting their pharmacodynamic effects. Otherwise they are irrelevant and inadmissible. Without a 12 step drug evaluation, which must include a confirmatory urine or blood test, they may not be able to prove relevance. It sounds like you have some good defense issues which need to be explored. How do you look and sound on video? What medical or mental/emotional impairment do you have ? These are all important questions because they make up who you "normally" are, and after all - they're trying to say you weren't normal. Remember- some people are only "normal" because they take medication. Now is the time to hire the best DWI defense attorney you can find in McLennan County - that is, assuming the case was filed in Waco, who has defended DWI by drug cases. I hope this answer gives you a ray of light, at the end of a long dark tunnel. Best of luck.

    See question 
  • I am facing my 4th DWI

    Was driving a huge tortoise was in the middle of the road, swerve to miss it, over corrected and flipped my car, blew in the breath machine and failed the field soberity test, I wasn't drunk not inebriated a little high, can you help me avoid prison?

    James’s Answer

    No one can tell you whether the offer the prosecutor will make will be prison time or probation. The bottom line is that none of us know the strength or weakness of the prosecutors case, or for that matter, whether they can prove up the prior convictions necessary to make this a felony. So it's hard for us to say what could happen. If your case is charged as a third degree felony, the punishment range is from 2-10 years in T.D.C. with up to a $10,000.00 fine. Your license is also likely to be suspended. For all we know, they could offer you probation, which requires a minimum of 10 days in County jail as a condition of probation, and you will be required to have an interlock device installed in your car, which will keep you from operating your motor vehicle if you've been drinking. You need a lawyer that knows how to defend DWI cases. Preferably one in the County where you're charged. Take my advice - go to AA every day, if possible, and be sure to have someone sign a sheet as evidence that you attended the meetings. Believe me - there is nothing worse than having a judge ask a person accused of felony DWI, what they've been doing while they've been out on bond fighting their case, and having them answer "nothing." You want to be able to look that judge square in the eye and say with all sincerity - "Your honor, I've been trying to get help."

    See question 
  • Dui

    Can they handcuff you and take you to the police station and then do the breathalyzer over 45 minutes later then arrest you and read you your rights, when last drink had a chance to be in my system. I was driving someone else's car and they imp...

    James’s Answer

    Yes, but only if the officer had reasonable suspicion or probable cause to stop you in the first place. You can challenge the officer's reason for stopping you at the administrative license revocation hearing (ALR hearing), but either you or your lawyer needs to request that hearing within 15 days from the date you were stopped and arrested. You can request the hearing by calling DPS at (800) 394-9913, or by faxing them at
    (512) 424-2650. Hope this helps.

    See question 
  • Dwi attorney

    In need of a good dwi attorney for court 7 that's well recognized in that court room please I got two weeks til my next setting....

    James’s Answer

    AVVVO rules prohibit any attorney from directly soliciting your business via this service. We can only offer you advice. That being said, I would advise you to look at the lawyers featured on AVVO that practice DWI law in Harris County, find a few that you like, and then give them a call. Most, if not all, offer free consultations. Hope this helps.

    See question 
  • First dui Texas

    I received a dui recently. My vehicle was stopped at a light and I was unresponsive. Still have no bloodwork or video after three months. What are possible outcomes?

    James’s Answer

    I will answer this question assuming that you do not already have a lawyer. If I were you, I would start looking for a lawyer who practices DWI defense in the county where your DWI case was filed. Choose several that you like, and then go to their offices and meet them in person. Most will give you a free consultation. I practice in Harris County Texas, and depending on the facts of the case, you could be looking at anything from pre-trial diversion (a type of probation that if successfully completed ends in the case being dismissed), to doing probation, to paying a fine, to doing a weekend in jail. It all depends on the facts and circumstances of your particular case. Hope this helps.

    See question 
  • Will the DWI arrest be included in the non-disclosure order after completing a deferred sentence for obstruction of highway?

    I am likely to receive an offer to reduce a DWI charge to obstruction of highway with deferred adjudication, and will need to make the decision I assume all face between accepting the offer and taking my case to trial. However, I wanted to confirm...

    James’s Answer

    Nondisclosure is only applicable to the case you received deferred adjudication on, and not the DWI. Are they going to dismiss the DWI and re-file the case as Obstruction ? Seems to me they would have to. Then by agreement, perhaps you could expunge the DWI, since presumably they did not have enough evidence to make that case. Hope this helps.

    See question 
  • How long does it take to process a 2nd offensive Dwi?

    I was arrested on October1 2014 for 2y 2nd Dwi offense. I have had to have a breathalyzer in my vehicle which was ordered by the judge who posted my bail and one court date two months after my arrest.They postponed my court date because of blood w...

    James’s Answer

    I will answer this question assuming jurisdiction is in Harris County. The fact that you went before a judge and are on bond conditions, leaves me to assume that charges have already been filed for DWI second offense. Blood sometimes can take up to 90 days to test. I assume you have an attorney ? I cant imagine your not having one since the case has been pending for over 8 months now. Most Harris County judges want you to either hire your own attorney, or if you're indigent, they will appoint you one. Are you set for trial ? One County Court has a docket where court dates are set far apart - the last setting being Jury Trial. Ask your lawyer what your case is set for. You can also look this information up on the District Clerk's website. Communication is key to representation. Ask your lawyer - he or she can tell you better than we can.

    See question 
  • How do you compare the performance of a rookie young cop versus experienced cop in a DWI court proceedings?

    Just curious to know who would be more tough to beat, whose report will be more solid etc. based on your experience.

    James’s Answer

    I agree with the other lawyers answers here, and would only add that sometimes people feel sympathy toward the rookie, when he admits he's nervous on the stand because it's his first trial, and admits he made mistakes. Juries want to reach out and help him up when he stumbles, as long as his motives are pure, and he maintains his credibility. Likewise, a veteran officer, who is less likely to stumble, will be perceived in a positive light, unless, and until, he loses credibility with the jury. It's all about credibility. Credibility has no boundary in age or experience level.

    See question 
  • How can I fight this DWI?

    I was hit from behind it totaled my car, I was knocked out & my Son was with me & while in ambulance Highway Patrol crammed breathalizer forced in my mouth & followed to Ambulance to ER & got a blood test from me without reason he searched my vehi...

    James’s Answer

    If DPS put a device in your mouth and had you blow, it was most likely a PBT device, whose results are inadmissible at trial, but whose results can be used to establish probable cause. Assuming the PBT gave them probable cause to believe you were DWI, they then either obtained a warrant, or a grand jury subpoena, to obtain the hospital blood results. Fortunately the child was not younger than 15, or you would have been charged with a felony. Don't assume that you have no defense.You need to hire an attorney whose practice is focused on DWI Defense,who has defended blood test DWI cases. I suggest you hire one that routinely practices in the county in which you are charged.

    See question