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Joseph Waldbaum

Joseph Waldbaum’s Answers

20 total


  • Will i have any problem getting into Canada after a CWOF for a DUI?Any document I can bring with me to tell them it's dismissed?

    1 was on probation for 1 year. The case will be dismissed this afternoon 7/26. I am planing to go to Canada on 8/2 or 3.

    Joseph’s Answer

    Immigration Canada has full access to U.S. criminal and motor vehicle databases. You do not want to lie to Canadian authorities at the border or you may even find yourself held. I refer these issues to Canadian immigration attorney Marshall Drukarsh
    Here is his contact info
    http://www.drukarshlaw.ca
    marshall@drukarshlaw.ca
    416 365 5950

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  • After my probation is over, will it show on background check?

    I was pulled over for marked lane violation. I volunteered for sobriety test, which I marginally failed. Then I was arrested by state police and taken to police station. There I took breathalyzer test and results were 0.13. This was my first time ...

    Joseph’s Answer

    It depends what you mean by background check. Even if you are acquitted, the entry 'admin per se" will always appear on your MA RMV record. If you take a CWOF, you can apply to have your CORI record sealed if you finish probation successfully., typically one year. That means most employers cannot see it on your CORI but law enforcement will always be able to see it. Unfortunately, the answer to your question is not that simple. It does not disappear from the face of the earth unless you get a governor''s pardon and that is no no easy feat.

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  • Is it typical for probation to keep you in the US despite having travel permission to go to other states? Can this be modified?

    I was arrested for DUI in September and pled to a CWOF. I have completed all requirements and am just waiting for this case to be dismissed. I have an event I would like to attend in Canada, but my PO says he cannot give me permission to travel in...

    Joseph’s Answer

    You can ask the probation officer to bring you in front of the judge and ask the judge to give you permission. The travel cannot interfere with your attendance at the first offender program. He or she probably will grant you permission and direct the probation officer to give you a travel permit. You may have to present your itinerary so they know when you'll be leaving and when you'll be returning. The fly in the ointment is that Canada may not admit you due to the CWOF on the OUI.

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  • What penalties will i face. i have no money, what will happen if i can't pay my fines?

    hello, in september of 2014 i was arrested for dui and driving with a suspended license. i was arrested 18 months earlier for dui. in may of 2015 i lost my job of 28 years. i was a 1099 person and could not collect unemployment. i also lost my lic...

    Joseph’s Answer

    I am very sorry to hear of your difficulties. In Massachusetts, we have a "Community Service" option. Generally, any judge will let you work off what you owe for most, if not all, of your fines and your fees, by doing community service. Most of the time, your probation officer can have the case brought in front of a judge and they will probably know which judge is most likely to grant your request. Generally this is not hard to achieve particularly since you are unemployed now. Good luck.

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  • What do i do for an out of state DUI

    I live in Massachusetts but i was visiting my daughter in Maryland when i was pulled over for a DUI. I plead guilty at the out of state hearing and they suspended my license for a year. On the plea form there are various restrictions such as need...

    Joseph’s Answer

    Unfortunately, the Massachusetts RMV will not re-license you until you are re-instated in Maryland, If you take the sixteen week first offender program here in MA as a private payer, you may then be able to ask the Board of Appeals to grant you a 12 hour hardship license for the balance of the one year suspension. The MA RMV will not do so.

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  • Is the interlock really required in my situation?

    I have multiple DUI's in Massachusetts, the last one occurring about 20 years ago. In 2007 I was living in New York. I paid Massachusetts the reinstatement fee(s) and then got a NY license. I then moved to New Jersey and transferred my license the...

    Joseph’s Answer

    Yes. Anyone who has two or more prior DUIs or "assignments to an alcohol program" must install such a device for at least two years in order to get re-licensed in MA. It is not a good idea to have it installed in another persons' car. You will have to sign forms averring you will never claim any over-blow or malfunction was caused by another person. You have to use a "straw man" to buy a car to do this as well.

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  • DUI question in Massachusetts

    If one was accused of A DUI and later dismissed by a judge then two years later the same person once again receives a DUI does the judge or court take in account the dismissed DUI when addressing the current DUI ?

    Joseph’s Answer

    It depends on the reason for the dismissal. If it was dismissed because of a bad vehicle stop or the officer didn't show at trial or some other such reason, then the next one would be a true first offense. If it was dismissed after a year of probation and after you were assigned to do alcohol classes, then it is a second offense.

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  • Corpus delicti rule in relation to a dui case

    Hi, i have a friend who was arrested for a dui and he made some incriminating statements after his arrest. He said something along lines of " I've driven drunk many times and never been caught" would those statements be deemed inadmissible in rela...

    Joseph’s Answer

    That is a very interesting situation. It depends in part if he made the statement before he was given Miranda warnings and in response to police questioning. However, it sounds like it was spontaneous. If so, Your friend's attorney should bring a motion in limine directly before trial to exclude it on the grounds that it is more prejudicial than probative since the issue is whether he was drunk on that night and not others. It will depend on the judge he draws that day and your state's case law in similar situations. Finally, yes it could prove to be an aggravating factor after a guilty verdict as it would be admissible then even if it was excluded at trial.

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  • WHAT TO DO WHEN YOU RECEIVE A SUMMONS FOR A DUI?

    I have been charged with an OUI DRUGS AND LEAVING THE SCENE FROM PROPERTY DAMAGES. The police didn't arrest me, I was taken to the hospital and a few days later received a criminal summons which I mailed back asking for a hearing. I was under a...

    Joseph’s Answer

    It is not a good idea to go to the hearing without a lawyer. Anything you say there can be used against you if and when the case goes into criminal court. Although alcohol may have been found in your system, the issue is how much alcohol. It must be .08 BAC or greater to convict you of OUI alcohol. That is also a charge a DA could add later after obtaining hospital records. These cannot be obtained without a court order so the people at the hearing will not know of your alcohol level and you should certainly not admit to drinking anything. You also may receive a letter from the RMV declaring you an IMMEDIATE THREAT and suspending your license immediately and indefinitely This is a very difficult suspension to overturn. The RMV won't even consider doing so until the court case is resolved and that could take some time, perhaps many months. Also, if either child is under 14, you can be charged with CHILD ENDANGERMENT WHILE OU which carries a one year license loss and a 90 day mandatory jail sentence. You definitely need a lawyer for all this.

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  • Can I file a motion to terminate my DUI probation on my own? OR do I need a representative?

    I want to file a motion with the court to terminate my probation, my lawyer who did not win the case is asking for more money which I cannot afford, can I file such motion myself?

    Joseph’s Answer

    You can. However, it is extremely unlikely a judge will grant it unless there are compelling reasons. For instance, if you have finished all your obligations [classes, treatment, etc.] and paid all you owe to the court and are going in to military service, a judge would grant it. Short of that, I cannot see it.

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