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Wayne Rodgers Foote
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Wayne Foote’s Answers

1,046 total


  • What happens now? What kind of sentences is she looking at?

    Ex-wife was arrested in late 2013 for DUI. Finely plead guilty and was put on probation in Oct. 2015. Picked up her 2nd DUI arrest July 6, 2016(which violated her probation). Bonded out of jail July 12. Was scheduled for disposition hearing on Aug...

    Wayne’s Answer

    If you are concerned about your children being in danger when they are with your ex-wife, you might want to re-think whether you can afford a lawyer to help with custody. it sounds like this is not someone you want your children to be left alone with for any length of time.

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  • Can i get a license? Can maryland even check?

    My license is suspended in michigan for a ticket in Pennsylvania. Ive since then moved to maryland. Now with michigan not being appart of the compact can i still get one in maryland?

    Wayne’s Answer

    The interstate License Compact has nothing to do with this. The compact deals with reporting major driving convictions like DUI to member states. All states are members of the Problem Driver Pointer System. PDPS members report suspensions to the National Driver Registry. The NDR is a computer database of suspensions. When you apply for a license in MD you will be asked if you are under suspension in any state. If you say yes they will not issue you a license. If you say no they will check the NDR. When they find out you lied you will be denied a license and probably charged with a criminal offense for the false statement on an official application. You need to clear the suspension in MI before you can get a license anywhere.

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  • Can I sue a company for wasting my time?

    I recieved a red light camera ticket in Culver City California, requested an extension to pay then went to court and was granted 40 hours of community service. Shortly after court I relocated to Alabama and have been completing paperwork to comple...

    Wayne’s Answer

    No, you cannot make the Y pay for your ticket. When process started the Y was accepting volunteers for court-ordered C/S. They changed their policy. They have a right to do that.

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  • Can I please get somebody's help with my case I have no money but if I win you would get paid please I'm lost

    7/19/16 was in car acc. Daughter broke left femur and was an appropriate seating. Charged with felony leaving scene and neglect abuse.. passed 3 polygraph tests. Thrown in jail.. all6 kids with removed as I was escorted out the hospital and there'...

    Wayne’s Answer

    What you are asking for is a contingent fee agreement. That means the lawyer gets paid if he wins the case. Contingent fee agreements in criminal cases are illegal in your state. The rule that says that is Neb. R. Prof. R. 1.5(d)(2). If you cannot afford a lawyer you should be eligible for a court-appointed lawyer. Ask about this at the courthouse.

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  • Can an officer be sued for intentional malicious purgery?

    The officer in my case has been harassing me and my girlfriend for some time. Pulling her over and detaining her outside of his jurisdiction awaiting officers of that jurisdiction to perform pointless searches, etc. In my case he maliciously lied ...

    Wayne’s Answer

    You have an attorney. You should consult with that attorney about this. We can't know enough to give you a meaningful answer.

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  • Should I hire an expert to challenge the blow test on a 0.1.6 in Idaho?

    I am thinking of hiring an expert in my 2nd DUI case where I recently blew a 0.1.6 (about 4 beers), I am 71 years old and 160 pds. Do you think an expert could somehow challenge the blow test in Idaho, in regards to my age, weight, and miscalculat...

    Wayne’s Answer

    Experts are often used to challenge breath tests. But "experts" come in all sorts of specialties. Some are experts regarding the test machine procedures and functioning, some are medical experts, some are pharmacologists, some are toxicologists, some are electronics engineers, and the list goes on. The expert you choose depends upon what you expect the expert to testify about. One common thing about using an expert is that it is an unusual defendant who can use an expert effectively. From the fact that you are asking this question it is very likely that you do not have the legal and scientific training and experience to do it. If you have a lawyer, that is the person you should ask. If you don't have a lawyer you should hire one.

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  • How do I ask the court for a DUI plea bargain?

    In 2014 I was pulled (minor swerving) and I denied a breathalyzer but I failed my field tests. I feel the best option is to plea guilty for a reduction to "reckless driving" , no fine and 6 or more weeks of DUI classes. Is this too much to ask? Ho...

    Wayne’s Answer

    you don't ask the court for a plea bargain, you ask the prosecutor. Hire a lawyer to help you.

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  • Can a 17 year old in Michigan legally date a 29 year old in Ohio without parents consent

    I have a friend that is curious about this and so am I

    Wayne’s Answer

    While the age of consent in either state is 16, there is a federal law that applies. The Mann Act makes it a crime to cross state lines with a person under 18 for sexual activity. This means that if you two cross a state line and have sex, it is a felony. It is also a crime under the Mann Act to use the any interstate communication to facilitate sex with a minor. This means if you two agree on the phone to meet and have sex it is a felony. The 29 year old can go to prison for a long time and be a lifetime registered sex offender.

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  • How can I get back driving truck after careless ticket over 3 years. Old

    I turned. Around in carwash when I came back out my fuel. Thank. Bracket hit the.curve on sidewalk. Punching. A hole. In it they said it was careless

    Wayne’s Answer

    I understand what you wrote, but you did not provide any facts that will help us answer your question. If you were convicted of something, tell us what and where. If your license was suspended tell us for how long and why.

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  • Can I live in one state and write legal briefs for an attorney litigating federal cases in another state where I am admitted?

    In State #1, I am an active member of the state bar and am admitted to practice in a particular federal district court; that court permits out-of-state attorneys to practice so long as they are admitted to the state and to that district court. ...

    Wayne’s Answer

    My first advice would be to contact your bar for an advisory opinion. Second, my gut tells me that you are not practicing law. An attorney can have a paralegal, a secretary or even a highly skilled chimp prepare documents or do research. Writing a brief is just that. It may be that choosing one or more of those primates is a bad idea, but that is the responsibility of the attorney for whom you are working. The attorney is the one who signs the brief. BTW, this isn't a federal crime issue (there is not federal UAP statute), but one of profession responsibility. I changed the practice area to Ethics and Professional Responsibility.

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