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James Richard Butler
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James Butler’s Answers

375 total


  • How can I get to ignition interlock calibration appointment with suspended license?

    I got a 3rd DWI last weekend and will be hiring a lawyer tomorrow, will request alr hearing and occupational license afterwards. Will also be installing ignition interlock next week and am on pretrial probation. Can get to probation with friends h...

    James’s Answer

    Have someone drive you there. It really is that simple. I applaud you for thinking this through, and for being cautious. Especially when your dealing with a DWI third offense.

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  • How can I get to ignition interlock calibration appointment with suspended license?

    I got a 3rd DWI last weekend and will be hiring a lawyer tomorrow, will request alr hearing and occupational license afterwards. Will also be installing ignition interlock next week and am on pretrial probation. Can get to probation with friends h...

    James’s Answer

    Have someone drive you there. It really is that simple. I applaud you for thinking this through, and for being cautious. Especially when your dealing with a DWI third offense.

    See question 
  • How can I get to ignition interlock calibration appointment with suspended license?

    I got a 3rd DWI last weekend and will be hiring a lawyer tomorrow, will request alr hearing and occupational license afterwards. Will also be installing ignition interlock next week and am on pretrial probation. Can get to probation with friends h...

    James’s Answer

    Have someone drive you there. It really is that simple. I applaud you for thinking this through, and for being cautious. Especially when your dealing with a DWI third offense.

    See question 
  • How can I get to ignition interlock calibration appointment with suspended license?

    I got a 3rd DWI last weekend and will be hiring a lawyer tomorrow, will request alr hearing and occupational license afterwards. Will also be installing ignition interlock next week and am on pretrial probation. Can get to probation with friends h...

    James’s Answer

    Have someone drive you there. It really is that simple. I applaud you for thinking this through, and for being cautious. Especially when your dealing with a DWI third offense.

    See question 
  • How can I get to ignition interlock calibration appointment with suspended license?

    I got a 3rd DWI last weekend and will be hiring a lawyer tomorrow, will request alr hearing and occupational license afterwards. Will also be installing ignition interlock next week and am on pretrial probation. Can get to probation with friends h...

    James’s Answer

    Have someone drive you there. It really is that simple. I applaud you for thinking this through, and for being cautious. Especially when your dealing with a DWI third offense.

    See question 
  • How can I get to ignition interlock calibration appointment with suspended license?

    I got a 3rd DWI last weekend and will be hiring a lawyer tomorrow, will request alr hearing and occupational license afterwards. Will also be installing ignition interlock next week and am on pretrial probation. Can get to probation with friends h...

    James’s Answer

    Have someone drive you there. It really is that simple. I applaud you for thinking this through, and for being cautious. Especially when your dealing with a DWI third offense.

    See question 
  • I'm a RN who has a DWI from 8 yrs ago,but was dismissed and one I was just arrested for. Will the BON see this as my 1st or 2nd?

    I'm an RN who was arrested for DWI 8 years ago, but it was dismissed after accepting and completing the DIVERT program that Houston has. I had to file a declaratory order to get into nursing school and everything was fine. I recently was just arre...

    James’s Answer

    The current offense is a Class B Misdemeanor,unless there was a chemical test showing a BAC over .15, and will be prosecuted like a first offense. I'm assuming the Declaratory Order shows that you were charged with, but not convicted of, a prior DWI. The Board of Nursing may look at the new charges as evidence of chemical dependency on alcohol. That being said, I don't think it's enough to suspend or revoke your Registered Nurse's license. The Texas Occupation Code only allows for suspension or revocation of your license if it's for an offense that "directly relates to the duties and responsibilities of the licensed occupation".The Nursing Board will look at the relationship between the crime of DWI and your ability, capacity, or fitness to perform and discharge your nursing duties. My guess is that they will ask you to submit to some sort of evaluation to see whether you have a chemical dependency issue that needs to be addressed. As to the new DWI charge - just because you were charged with DWI, doesn't mean they can prove you were guilty of DWI. Now is the time to get the best DWI lawyer you can afford. Call around - most will give you a free consultation. Finally, remember that you only have 15 days from the date of your arrest to request an "ALR", or administrative license revocation hearing. Your drivers license is important, and this hearing allows you an opportunity to save it from suspension. I hope you found this information helpful.

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  • Can a lab technician at a blood lab give your results over the phone?

    I recently am waiting on my blood results to come back from the blood lab in the north Texas area. I called to see if maybe I can get an update on my blood result and I was told it was done and sent to Denton PD on July 23. The lady then told me ...

    James’s Answer

    The lab employee should not have given you the result over the phone. This does not mean that the analysis will be thrown out. If I were you, I would be anxiously awaiting the printed result. Good luck.

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  • Am I eligible for a probation transfer from Harris County, TX to Orleans Parish, LA for a first time DWI?

    I was arrested for DWI in Houston (Harris County) while on business. However, I live in New Orleans (Orleans Parish). This is my first DWI. I am fighting the charge. However, should I be convicted, I would prefer to pursue probation rather than ja...

    James’s Answer

    Under the Interstate Compact, Texas has the discretion to transfer a first offense misdemeanor DWI probation to your home state of Louisiana. Because it's a first DWI, Louisiana has the discretion to accept or reject the transfer. Had it been a second or subsequent DWI, acceptance by Louisiana would have been mandatory under the Compact.

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  • My question involves the SR-22 insurance policy due to DWI conviction.

    I was arrested and charged with a DWI and received an ALR driver's license suspension from the Dept of Public Safety which lasted 180 days. For the entire 180 day period of my driver's license suspension, I was ordered to obtain SR-22 insurance. I...

    James’s Answer

    I agree with the other attorney's. The SR 22 must be maintained for a period of two years from the date of conviction. You must also pay the DPS any reinstatement fees or administrative fees for reinstatement. Also, keep an eye out for a letter from the DPS regarding the DWI license surcharge. It's $1000 a year for three years if this was a first offense and if your test was under .15. Go to the DPS website and check their eligibility page. Enter your licence number and the last four digits of your Social Security number, to check your license status.

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