Skip to main content
Phillip Boyd Price Sr.

Phillip Price’s Answers

5 total

  • Why can't i get a copy of the audio /video dash cam of the alleged dui/dwi i was charged with along with copies of all reports

    police,incindents, and affidavits. From the B'ham,ala police dept

    Phillip’s Answer

    Your question is posed in a way that I am assuming that you are not being represented by an attorney. My comments will be general as I am not your attorney. Rule 16.1 of the Alabama Rules of Criminal Procedure governs discovery by a defendant. It refers to the right to "inspect and copy" items of evidence such as video tapings. Arrest reports are given by some prosecutors but have some degree of protection under the Alabama rules. For a DUI attorney consider NCDD.com under "find an attorney". There are other constitutional grounds for obtaining items of discovery.

    See question 
  • Being charged for my 2nd DUI within 5 years, what is my likely outcome?

    When pulled over I was asked how much I had to drink I said 6 beers from 7pm-1:30am. I suffer from extreme anxiety disorder and when asked to do the pen, and other field tests I couldnt do them because of was having an anxiety attack. Asked for my...

    Phillip’s Answer

    Questions dealing with state specific DUI potential "outcomes" should be addressed by an attorney who practices in the area of practice in the state of the alleged offense. Most states follow the Uniform Vehicle Code, which carries a mandatory jail sentence, if convicted. There are many facts that must be considered when "predicting" results. Seek the advice of a DUI lawyer. Look at NCDD.com and click on Ohio, then scroll to the lawyer of your choice to seek an evaluation.

    See question 
  • Are there any attorneys in central Il knowledgeable with the Intox ec/ir 11?

    On there own website, (marketing to law inforcement, hospitals) in the commonly asked questions, it can not detect mouth alcohol, digestives. Their response is after the usuall waiting period. However they tout this machine uses 2 methods one can ...

    Phillip’s Answer

    If I were looking for an attorney in central Il with knowledge of this particular breath test device, I would go to the website for the National College of DUI Defense at www.NCDD.com and click on find an attorney. Then click on the state of Illinois and scroll down the list of attorneys.

    See question 
  • I know a person who has commited their 5th DUI. What information can you give me about what might happen next

    This person is a chronic offender who has had accidents and run from the authorities when being apprehended. This person drives without a license and was doing just that in Alabama. They will try and go back to Ohio after this hearing in Alabama a...

    Phillip’s Answer

    This question requires quite a bit of speculation, and the fact pattern is unclear. Alabama law presently looks at the preceeding five years to determine what the statutlory scheme is in a particular case. The "look back" is 5 years from the present conviction date. An anomoly of our system is that whether talking about whether it is a 1st, 2nd or 3rd DUI offense within a 5 year period, the maximum sentence is the same, i.e. 1 year in jail. 4th or subsequent within a 5-year period is a felony. Whether it is a 2nd or 3rd DUI within 5 years will determine what the statutory minimum sentence would be. Even though the person has 5 DUI priors, if this offense is the 1st in 5 years, he would be looking at a statutory 1st offense, however the sentencing judge could still look at the prior offenses to determine the appropriate sentence, up to one year. There are other limitations on use of prior offenses pursuant to Alabama case law. As to whether a particular law enforement team and a local ALabama prosecutor would extradite in a particular case, in my view is overly broad and cannot be addressed. These statements are obviously limilited in scope and should not be used as legal advice.

    See question 
  • I was recently arrested for a dui after a 1 car accident from which I walked away from the scene. A passer by called police and

    I was taken back to scene 1 hour later.Approximately 1 yr ago I had a 1st offense DUI dismissed in court.Can this DUI be charged as my 2nd one? Or since the other was dismissed will it be my 1st offense?

    Phillip’s Answer

    As a rule, a sentencing judge is bound to follow the statute of 32-5A-191 in determining the appropriate sentence in a DUI case. The statute states that in determining whether the offense is a 1st, 2nd or subsequent DUI, the "look-back" period presently in Alabama is 5 years. The time is computed from conviction date to conviction date. If the prior DUI was an arrest only and not a conviction, it would not be counted as a mandatory enhancement of the current DUI offense. A sentencing judge could, however, take the prior encounter into consideration in determining the appropriate sentence in the present case. Whether one is talking about a 1st 2nd or third DUI offense in a five year period, the max sentence is one year in jail. Phil Price

    See question