The event happened 11-13-2015
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.See question
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...
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.See question
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...
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.See question
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?
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.
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...
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.See question
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...
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.See question
I was put on probation for a DWI in January of this year. One of the conditions of my probation was to have the draeger interlock device installed until I had completed my probation. I violated my probation and had it revoked, serving my time in j...
Have your lawyer go to court and get a Removal Order signed. Keep in mind that if your license was suspended, you will be required to have an interlock device in order to drive with an Occupational License.If there was no suspension, then get it removed.See question
My job requires me to drive a company vehicle and I'm currently prohibited from that because of that offense. How can I get a correct answer and I heard it was 6 years till it's removed.
Have your lawyer go to court and get Removal Order signed. Keep in mind that a judge will require an interlock in order for you to drive with an Occupational Drivers License. Hope this helps.See question
My friend had an accident and they did a blood test to check to see if she had been drinking. It was not order by law enforcement. She found out today that even though the accident report says nothing about alcohol being a factor the police sent a...
Yes - but read on. Hospital blood analysis is different from forensic blood analysis used by law enforcement. The hospital test is more of a screening test whose main purpose is to determine whether alcohol is present, which could alter or effect hospital treatment. It uses an enzymatic method which tests serum rather than whole blood. Forensic blood analysis,on the other hand, uses gas chromatography,which is considered the gold standard, and tests a sample of whole blood. They should have used a conversion factor to convert the serum number to a whole blood number. There are numerous issues which can cause an enzymatic blood alcohol test at the hospital,to read higher, than a forensic alcohol test, Including traumatic soft tissue injury, which releases a chemical into the blood that the enzymatic test looks for in determining blood alcohol levels.There are other issues as well including - How was the venipuncture site cleaned? Were they careful not to use anything that contained alcohol? How was the sample stored afterward ? Was there a secure chain of custody ? These issues will be explored by your DWI defense attorney. I suggest you hire one in your area that has experience litigating blood test DWI cases. I hope this helped - good luck.See question