Skip to main content
James Richard Butler
Avvo
Pro

James Butler’s Answers

348 total


  • Am I in the clear?

    I was in a car accident. Officer did a sobriety test and then let me go.

    James’s Answer

    Yes, I would say you are in the clear. Could you imagine an officer testifying at trial, that after administering the field sobriety tests, he released you, and watched you drive off into the sunset?

    See question 
  • Can a person opt for an alcohol blood test in instead of a breathalyzer test or would that be used against the driver?

    If stopped by a Police Office and requested to do a breathalyzer test can I make an option for a blood test to verify the alcohol level in instead of the breathalyzer? During a Driver's education course the video mentions that this is an option.

    James’s Answer

    I love it when clients request a blood test. It shows they had absolutely nothing to hide. Unfortunately, the officer has the right to choose which test to request - so you will have an administrative license revocation issue to deal with. Remember, you have to request that hearing within 15 days from the date of your arrest. Hope this helps.

    See question 
  • How can i avoid doing state jail time? I am willing to do whatever it takes. Money is not an issue.

    I was arrested for my 3rd dwi. Got the first one about 6 years ago and the 2nd about a year and a half ago. Pleaded out and did work release instead of probation for both previous convictions. I have no other convictions on my record. Family has a...

    James’s Answer

    Your question is, "How can I avoid doing state jail time?" I think what you meant to ask was, "How can I avoid going to state prison, or "T.D.C." Well, all obvious answers aside (winning your case,having it dismissed, or reduced, etc. etc. ) - and assuming you have no avenues for mounting a viable defense - probation is an option that will allow you to avoid prison time - assuming you comply with all conditions of probation. There is a requirement that you serve 10 days in county jail (not prison), as a condition of probation. It is important to remember that a plea bargain should only be considered if you have no viable grounds for mounting a defense. That is something that you and your lawyer will have to decide. My advise to you right now is that you: (1) Start interviewing DWI Defense Lawyers in your area, and (2) Start attending as many Alcoholics Anonymous meetings as you can. Be sure to record your attendance. in a notebook of some sort, and have the group leader sign and date it. The goal is to have tangible proof that you are actively seeking to change your behavior. When you stand in front of a judge, and he or she asks you what you've been doing while you were out on bond, the last thing you want to tell them is "nothing". Finally, be aware that you are looking at losing your driving privileges, and being required to have an ignition interlock device installed in your vehicle. Hope this helps.

    See question 
  • Is it legal to do a field sobriety test with a neck brace on

    I was in a car accident the ambulance put me in a neck brace the officer asked me to do a sobriety test with a neck brace on I clearly told him it was very difficult because he asked me to look down at my feet while I did this I could not he did n...

    James’s Answer

    It should have been obvious to the officer that you were injured and could not perform the tests. The tests are designed to test your normal abilities. It is not normal to wear a neck brace. In my opinion, any clues of physical impairments would nullify the test results. That is ridiculous that they preceded with the test. Hire an attorney and review the video. Good luck to you.

    See question 
  • Becoming a resident and obtaining a drivers license prior to conviction is technically legal..? Possible Ramifications?

    When someone gets a dui in State A, moves and became a resident of State B, obtains a driver license in State B prior to conviction; Technically that would be legal. Now speed ahead, aoda treatment and license revocation in State A has been satis...

    James’s Answer

    Any hardships, suspensions, or restrictions, follow the license from State to State, assuming the States are members of the Drivers License Compact. You may have the plastic in hand, but it may be suspended under the compact. Also,State law requires you to get a Texas DL if you're going to live in Texas. There is a 30 day residency requirement to get a Texas DL, which can be waived by surrendering your out of state license. The form asks if your license is currently suspended -not whether it is subject to suspension.hope this helps.

    See question 
  • What do we do please help

    Well blood result came back my HUSBAND was not intoxicated, thats good bad news thiers sending the blood back to lab to see if thier is drugs in his system , Can they do this? What more can me take with the system that are mainly trying to mess up...

    James’s Answer

    It's standard to retest the blood if the number is low. They do this to test for drugs of abuse like benzodiazepines. You really need to speak to a lawyer in your area who has experience trying blood test DWIs. Most will give you a free consultation. Hope this helps.

    See question 
  • What can happen to me if arrested for DWI for the first time?

    I got arrested for DWI in Texas.. It was my first arrest, alcohol level of .15 whats the worst case scenario that can happen to me? Also what if I cannot hire an attorney what should I do?

    James’s Answer

    If your case is enhanced to a Class A Misdemeanor, due to the .15 allegation,the Maximum punishment is UP TO a year in jail and UP TO a $4000 fine. Notice I said "up to" because an actual plea bargain could be anywhere from a fine only to probation. For a first offense, jail time is not usually the norm, but depending on the facts, could be required as a condition of probation. A plea to anything other than probation (jail only or fine, or combination of both) will result in a license suspension from 90 days up to a year. You can petition the court for an occupational license. Also, due to the .15 allegation, an interlock will be required. Remember, being accused doesn't mean they can prove the accusation. You owe it to yourself and your family to hire a qualified DWI Attorney. Hope this helps.

    See question 
  • Can I take an online dwi education course for Bexar county since it is difficult to find a physical classroom in my new state?

    I was charged with my first DWI in San Antonio Texas, 2 weeks prior to my move to another state. Flew back to San Antonio to take a plea deal/obstruction of hwy and I was granted permission to travel to my new home. I cannot get a hold of my proba...

    James’s Answer

    So if I understand your question, you have an offer pending, to plea your DWI down to an obstruction of a roadway,conditioned upon you taking some sort of DWI education class. I would contact whomever it was you have been speaking to and see whether a similar course in your state will suffice - online or otherwise. Hope this helps.

    See question 
  • Will a pre trial diversion for dui show as a conviction in Coryell county (Copperas cove TX)?

    I'm wanting to have a 12 year old cds possession with intent to distribute charge expunged in NJ but I had received a pre trial diversion for dui in tx about 6 years ago and wanted to know what this will show up as and how will it affect the proc...

    James’s Answer

    Attorney St. Julian's answer was spot on. Assuming you successfully completed the pretrial diversion, your case should have been dismissed, and you discharged from further hardship. As the other attorney mentioned,there will be a record showing that you were arrested, and charged, but never convicted. To clear that record, you will have to file a Petition for Expunction of your criminal record. Check the terms of your pretrial diversion agreement to see whether it requires you to wait until the statute of limitations for your charges expires before you are allowed to file that Petition. Hope this helps.

    See question 
  • Questions were asked in the paragraph above

    I was arrested in July of 2015 and was charged with a DUI. At the time i refused the breath and was given the blood work. in November all charges were dropped and until today. The charges were brought back. My first question is in regards to my dr...

    James’s Answer

    If you were arrested for DWI in Arizona, and you refused to submit to the breath test, your license will be suspended for one year. After 90 days, you can seek an occupational license, but you will have to get an interlock device installed on your vehicle. The license case and the DWI case are two separate cases. However, depending on the disposition of your criminal case, you could be facing additional suspension. That is a great question for your Arizona DWI lawyer. As to whether the blood was in a proper condition to be tested, that question should be asked to your attorney. He can subpoena all of the laboratory records,which will include the storage and chain of custody records. Hope this helps.

    See question