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Linda Medeiros Callahan
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Linda Callahan’s Answers

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  • Can I get a dui if I am 17 years old and if so can I get it removed?

    Last night I was in a car accident while under the influence I am 17 years of age and have never had any other offence of any sort up until this point. Is it possible for me to not be charged with a dui because I am a minor?

    Linda’s Answer

    I need more information to help you, such as, did you take a breath or blood test? If so, what was the result? Was anyone injured in the accident? Were you arrested? Is there a witness who can testify you were the driver? Did you admit being the driver to a police officer?

    You can be charged with a DUI at any age.

    Getting it "removed" is not an easy thing to do. You will need a good DUI lawyer.

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  • Can I get my SCRAMM device removed early?

    I was sentenced on May 15th to have scramm device on for a 2nd ovi charge until the end of my case. My case is may 31st, but my lawyer thinks it will be extended past that. Can I ask the judge to remove it (will be on for 2 weeks on may 31st). ...

    Linda’s Answer

    Were you sentenced? Or is this a condition of your pre-trial release? Sounds like pre-trial release if your case is not over and may be extended.

    Here's the thing, you were ordered to get a SCRAM device because the judge is concerned that you will continue to drink and drive since this is your second OVI. Surely you can ask for it to be removed, but the judge is not likely to do so, regardless of your financial hardship. The judge can easily say fine, if you cannot afford SCRAM, you will be held in the jail until your trial.

    I have found that for my clients, if they get into a treatment program and show progress, for example, a month of sobriety and keeping all appointments, in addition, getting an ignition interlock device, that a judge might reconsider the SCRAM restriction and give you a break.

    Good luck with your case.

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  • What should i do if i got 2 tickets in a row for no proof of insurance?

    my first ticket was for no seat belt and no proof of insurance and a week later i get another ticket for speeding over 13mph and another no proof of insurance. any suggestions on what should i do?

    Linda’s Answer

    First, get insurance or stop driving.

    Second, get a good attorney--one who has experience fighting tickets.

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  • How do I fight this ticket for speeding?

    I got a ticket for 298 dollars for speeding. I was citated as going 91 in a 60 mile zone. I know that I went over by about 5 to 10 but I was looking at my gps at the time and when I looked up the cop was behind me. I can't pay 298 dollars, so I ne...

    Linda’s Answer

    • Selected as best answer

    It is not about the $298 fine, it is about the increase in insurance you will pay over the next 3 years. Speeding tickets are not won by the alleged speeder denying they were speeding, because you readily admit you were over by 5 to 10 mph. Speeding tickets are won by finding something is missing or done wrong on the citation, or if the city or state cannot prove that any speed measuring device was not priorly calibrated, etc.

    It takes a lawyer who is familiar with all the things to look for so I would strongly recommend that you hire a lawyer to help you. It could cost the same or more than the ticket fine itself, but could possibly save you more in the long run.

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  • Can states enter hold on license for case of DUI dating back 13 years after the fact?

    state of NE. suspended licence for DUI, then state of NE. issued it back sooner then I expected, now 13 years later hold is put on license in NE. for this same case. How can this be? Have been a legal, insured driver for 13 years since. Have been ...

    Linda’s Answer

    It may be that there is a scrivener's error along the way, or something other than the DUI is the reason why your privilege to drive in NE was suspended. I would start by contacting the NE DMV and see why they suspended your license so long after it was "issued back" as you say, or reinstated.

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  • In a jury trial if there are two jurors that cannot hear should or would that trial be called a mistrial

    This individual i know was pulled over well he was already stopped any way the deputy ask him to get out of the car even though he wasnt drinking at all stated to give the sobriety test like follow this IMAGINARY LINE and so on and so forth never ...

    Linda’s Answer

    • Selected as best answer

    Absolutely, yes, there should be a mistrial if a juror cannot hear the testimony unless the juror can read lips or has a sign language interpreter. In jury selection I always try to ferret out people who are hard of hearing because the court has devices they can wear so that they can still participate. Unfortunately, many people who have trouble hearing d onto like to admit it to others, so they pretend to hear.

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  • Can I sue a bar for over serving alcohol to my husband?

    My husband was served alcohol at a bar with a Night club liquor license in Washington State. His BAC level reached 0.372 in less than 1.5 hours. He collapsed outside of the bar and was taken to the hospital via ambulance, had a breathing tube plac...

    Linda’s Answer

    Anyone can sue someone for anything. I think what you really are asking is whether you can get money (damages) from the bar for what happened to your husband. You can probably get reimbursed for any money you paid for the transport to the hospital, for the hospital and doctor bills, and for any medical costs beyond that that can be tied to the over serving. I don't know if punitive damages would be available, but that is where the money is made.

    You can certainly also report the bar to the liquor control board.

    I hope your husband is OK.

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  • Is it necessary for me to request a DMV hearing if i received a DUI as a minor?

    BAC of .06

    Linda’s Answer

    Definitely, if you want to contest the revocation so that you can continue to drive.

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  • DUI WITH GBI with 2 Prior DUI's plus a Felony Prior

    texting and driving, hung over, hit a pedestrian, charged with DUI and bodily injury, out on bond with a scram device, DA subpoenaed the medical records in order to figure out if she would have to make it a GBI, victim suffered possible hairline f...

    Linda’s Answer

    I think the jaw fracture will qualify as GBI, pretty much any fracture will get you there. It is probably a felony.

    Get yourself a good DUI attorney, and get back into treatment.

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  • Do i have to retake the road test after a revoked license?

    i was just wondering if i have to re take the drivers exam and road test after having a 5 yr revocation for dui? york county, pa

    Linda’s Answer

    Probably, yes. Both.

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