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James Richard Butler
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James Butler’s Answers

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  • Can they charge this as a felony enhancement using the set aside out of state dui?

    Got charged with 2nd dui in Texas, had a out of state DUI also, (3rd) but the conviction was set aside. The out of state set aside law states Set aside the judgment of guilt, dismiss the accusations or information and order that the person be rel...

    James’s Answer

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    If the prior DWI did not result in a final conviction, then they cannot use it to enhance a misdemeanor to a felony. It will probably count as a prior alcohol related contact for administrative license revocation purposes.

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  • While waiting for my DUI court case my husband got a great job in another state, what do I do if I want to be with him?

    I'm waiting on my DUI case in Texas my husband got a great job out of state. I'm pleading guilty, my BAC was high. My lawyer said I could get 18-24 months of probation if I reside in Texas instead of jail time. I want to be with my husband in ...

    James’s Answer

    Ask your attorney to negotiate a non probation plea offer, due to the fact that you are leaving the State. Supply proof of the impending move to Arizona, so your lawyer can take it to the prosecutor. Perhaps your lawyer can negotiate a fine and time served. Another option that may be available, is to plea to the Court without an agreed recommendation.That's where you plead guilty to the court, and ask the court to decide what the punishment should be. Of course, the State has to agree to waive their right to a jury trial, which they usually do. Your current lawyer can answer these questions better than I can. They really are the person you should be having this discussion with, as they have knowledge of the facts of your case, the temperature of the DA and the temperament of your judge.Finally, you can't transfer a Texas DWI probation to Arizona. I hope this helps.

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  • Can I get a sr22 with class A license and what happens if I have sr22 and found not guilty of dwi

    Going to court for dwi

    James’s Answer

    You should be able to get an SR 22 with a Class A drivers license. If you are found not guilty of DWI, then there should be no reason for you to have to continue carrying an SR 22, as an acquittal by a judge or jury causes any hardships on your license to be lifted.

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  • Can I get one, is a DUI considered domestic violence, is the 5 years almost over and is a regular AR15 considered a rifle?

    I would like to buy an AR-15 in the state of Texas. However I was under arrest in 2012 but placed under court supervision for a DUI in the state of Illinois before moving to Texas. Court supervision ended May of last year. My research (though poss...

    James’s Answer

    DWI is not a crime of domestic violence. If it was your first DWI, and no one was injured or killed, it was probably a misdemeanor. And an A.R. 15 is a rifle. Hope this helps.

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  • Am I allowed to drive (complying with terms of parole curfew times) until such time that I receive a suspension letter from DPS?

    Last year in February, was arrested for DUI (first offense, highest level, plus I had had my kids in the car) Out of State (OoS), where I was a resident and had a valid DL. The very next week we moved to TX, and maintained contact with the office...

    James’s Answer

    A good place to start would be by checking with the local Department of Public Safety or the Department of Motor Vehicles in the State where you were convicted. What do they show? Any suspensions, restrictions or surcharges imposed in that State will likely transfer to your Texas license under the Interstate Drivers License Compact. The Texas Department of Public Safety (DPS) has a great website where you can check your drivers license status, using your Texas drivers license number, and the last four digits of your Social Security number. After that, if you have any additional questions, you can contact the Driver Improvement Section of DPS. They are extremely helpful. Hope this information helps

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  • Why

    Hi, I'm Jake, a student from Santa Barbara, California. I have a California driver's license. My family lives in Dallas. I recieved a DWI in New Mexico. Now the Texas DMV is fining me $3,500 for the DWI, even though I don't have a Texas Driver's l...

    James’s Answer

    My guess is that a surcharge attached to your license as a result of the DWI conviction/charge in New Mexico, and under the Interstate Drivers License Compact, Texas is withholding your license subject to the payment of those outstanding surcharges.Hope this helps.,

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  • Did they have right to sell our account and tie it up so we could not refinance, they refused to take possetion and hurassed us

    i was in a hard ship case and tried to get loan modification from chase bank they denied me a modification so i went to two other banks and was approved for refinance and got financing from wells fargo and when they tried to refinance i was told t...

    James’s Answer

    I'm sorry. Your question was posted to either The Criminal Law or DWI/DUI law forum. Your question should be posted in a Bankruptcy, or Consumer law forum. Resubmit your question in one of those groups. I'm sorry about your struggle, and I pray things turn around for you and your wife.

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  • What happens now? I have no idea. Does something come through the mail? Is there more jail time coming? Should he hire a lawyer?

    My husband got a dwi yesterday TX. He was in jail overnight and was bonded out. It was his 1st offense and has no license. (He was actually waiting for his ss card to go get his license for the 1st time.)

    James’s Answer

    When your husband bonded out, he was most likely given a court date. Check your bond paperwork to locate that date. If you can't find it, call the bonding company, and they will be happy to give it to you.If a court date was not given, you can contact the local District or County Attorney's Office, and they should be able to assist you. Your husband will definitely need an attorney to represent him in his case. If he cannot afford an attorney, he can ask the court to appoint him one. Don't feel rushed to make a decision whether to plead guilty or not guilty by your first setting. If your husband hires a lawyer, he or she will be able to reset the case to discover the evidence, investigate the facts, and negotiate with prosecutors. If you show up to your first court setting without a lawyer, most courts will give you additional time to hire one. If there was a breath or blood test that was over .15, your husband should be aware that an ignition interlock device will be required as a condition of bond. Finally, your husband should be aware that he only has 15 days from the date of his arrest to request an administrative license revocation hearing to challenge the suspension of his drivers license. If he doesn't request that hearing,his license will be suspended 40 days from the date of his arrest. If he requests the hearing, there is no suspension until after that hearing date. Any lawyer you hire can help you with that.

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  • Can they use a out of state DUI against me if the conviction if the Conviction gets set aside?

    Got charged with 2nd DUI in Texas. Have another one from another state though/ Was booked in for Class A Misdemeanor 2nd DUI, Have another DUI from another state though, will they find out about that out of state conviction and refile as felony....

    James’s Answer

    If you have two prior misdemeanor DWI convictions, then the third DWI Will be charged as a 3rd degree felony. If, on the other hand, one of those priors did not result in a final conviction,then it will not be charged as a felony. Hope this helps.

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  • Can I get an occupational license before my DWI license suspension starts?

    My DL suspension for my DWI is supposed to start in 39 days. Can I go ahead and petition for an occupational license so I don't have a period once my suspension starts where I can't drive to work or do I have to wait until the suspension officiall...

    James’s Answer

    If you just got arrested for DWI, you have the right to contest that suspension by requesting an ALR hearing within 15 days from the date of your arrest. I can tell you in Harris County, you would not have standing until the suspension takes place. In Harris County, we prepare the petition and have it ready to file. In the meantime,we have the client obtain an SR 22,proof of liability insurance,and proof that they have an interlock device installed in their vehicle. The day the suspension hits, we file the petition, and walk it up to the court to have it heard. The client receives a certified copy of the order, and walks away with an Occupational License. You really need to speak to a local DWI attorney who can assist you with that process in your County.

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