Kelly W. Case’s Answers

Kelly W. Case

DUI / DWI Attorney.

Contributor Level 14
  1. Texas DUI and prescription medication

    Answered about 2 years ago.

    1. Kelly W. Case
    2. Jodi Soyars
    3. James C Forslund
    3 lawyer answers

    If you are pulled over and admit that you are on this medication, it is highly likely you will be arrested in some jurisdictions. If the LEO finds your prescription bottle, your odds of being charged go up. Unfortunately, tougher counties take the mindset that ANY medication in your system is grounds to arrest you. However, that does not mean that you are guilty of DWI. They must still prove it in court and since there is no "per se" limit of intoxication by drugs, it comes down to the officer'...

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  2. A Borderline's reaction to a DWI

    Answered over 4 years ago.

    1. Kelly W. Case
    2. Paul Albert Darrow III
    3. Wayne Rodgers Foote
    3 lawyer answers

    A top notch DWI lawyer will know how to handle this issue. It will more than likely require both an expert witness and the treating psychiatrist/psychologist to testify but these are issues that great DWI Lawyers deal with on a regular basis. Explaining that the behavior on the video is not the result of intoxication, but merely evidence of psychological problems is common. The tough part is bringing out the right testimony and having the proper experts that can support the defense theory. You...

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  3. My husband is in jail for felony dwi how long do they have to indict him. he bonded out but was picked up again

    Answered about 2 years ago.

    1. Kelly W. Case
    2. Gene Raymond Beaty
    3. James C Forslund
    3 lawyer answers

    I sense their is a lot more to this question and I am not sure I have the full explanation of the accusation, but I will answer the easiest question first. "How long do they have to indict him?" The code allows for someone to be held without bond for up to 90 days. However, unless your husbands defense attorney makes a motion to set reasonable bond or alternatively, requests some sort of pretrial release, he may sit in jail until the statute of limitations runs, which can vary depending on...

    3 lawyers agreed with this answer

  4. I am 19 and go a DWI in Texas whats gonna happen when I go to court?

    Answered over 2 years ago.

    1. Kelly W. Case
    2. Mario Rojas Madrid
    3. Eric Adigwe Ogwude
    3 lawyer answers

    Be smart - hire a lawyer. Any advice you get for free on this cite will be worth less than what you are paying for it! Make sure that your lawyer had handled DWI blood cases before. Blood draws DWI's are extremely complex and only the top lawyers in the State can handle these well. Be sure to do your homework and don't hire someone based on how little they charge - that is almost as bad as having no lawyer at all. And whatever you do, DO NOT talk to any ADA or law enforcement about your...

    3 lawyers agreed with this answer

  5. Is it possible for the police to file a DWI on you without ever arresting you or giving you papers?

    Answered over 2 years ago.

    1. Kelly W. Case
    2. John M. Gioffredi
    3. Lisa Mary Haines
    3 lawyer answers

    There is a very good chance you are going to be charged with a crime. The answer to you question is "yes, there are numerous defenses to this." However, only the top DWI blood lawyers will be able to assist you. It appears as if the DA's Office obtained your hospital records or a sample from the hospital of your blood and have analyzed it. Whether that analysis was done at the hospital or in a state approved lab will make a huge difference in the defenses available to you. I can tell you that...

    3 lawyers agreed with this answer

  6. My criminal record includes a a 17 year old dwi.can this be used for enhancemnt purposes for a thrd dwi

    Answered over 4 years ago.

    1. Robert Sterling Guest
    2. Kelly W. Case
    3. Paul McGlone
    3 lawyer answers

    It depends. The 10 year look back period has been changed. However, this change ocurred after your previous conviction. So it depends on the actual language in your previous judgment and how it is affected by this change. You need to hire a very good attorney and try to fight this as you may be able to beat it as a felony.

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  7. Is it possible to get a public defender for my DUI charge in state of TX

    Answered over 5 years ago.

    1. Kelly W. Case
    2. Eli Zev Ilionsky
    3. John M. Gioffredi
    3 lawyer answers

    I am very sorry to hear this. You really should have a lawyer to represent you. There are so many collateral consequences to a DWI conviction that only someone that specifically handles cases in this area is capable of handling for you. If you truly cannot afford to have your lawyer continue representation, then make a request that he withdraw and the court appoint you an attorney. Any attorney is better than none, but you would be better served finding a good DWI lawyer and doing whatever it...

    1 lawyer agreed with this answer

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  8. Capital murder

    Answered about 6 years ago.

    1. Kelly W. Case
    2. Anthony John Colleluori
    3. Craig Edward Kennedy
    3 lawyer answers

    Both answers are absolutely correct and I would add that a person accused of any crime should NEVER trust any law enforcement authority when they agree to "lower the time" in exchange for assistance in making their case. Unless it is in writing and a truly enforceable contract with specific parameters, police and investigators are allowed to lie in order to obtain confessions or incriminating statements. DO NOT talk to the police without a lawyer. DO NOT make any "deal" without a lawyer. If no...

    3 lawyers agreed with this answer

  9. Can I sue my landlord if I get hurt in the gym of the apartments?

    Answered over 5 years ago.

    1. Kelly W. Case
    2. Lu Ann Trevino
    2 lawyer answers

    You should consult a lawyer. Of course they don't care. Why should they . . . unless you file a lawsuit against them. They will care then. You may have several causes of action depending on the facts and circumstances of your injury. If the equipment was improperly maintained, defectively designed or defectively manufactured you could have the ability to sue several entities at the same time, including the landlord, owner of the complex, manufacturer of the machine, designer of the machine,...

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  10. How long will my husband be in jail for his second DWI but this time he was with me and our three children?

    Answered over 2 years ago.

    1. Kelly W. Case
    2. Charles Elwood Soechting Jr.
    2 lawyer answers

    I sympathize with your situation but I need more information before I can really answer this fully. First, if your attorney is refusing to answer your legitimate concerns and you have paid them in full, this should be addressed. I do not know who you have hired, but attorneys are ethically required to keep a client informed about the status of the case. Is your husband meeting with the attorney and you just don't know the status. Even though the attorney has an ethical duty to his client, your...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful