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James Richard Butler
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James Butler’s Answers

349 total


  • How do you compare the performance of a rookie young cop versus experienced cop in a DWI court proceedings?

    Just curious to know who would be more tough to beat, whose report will be more solid etc. based on your experience.

    James’s Answer

    I agree with the other lawyers answers here, and would only add that sometimes people feel sympathy toward the rookie, when he admits he's nervous on the stand because it's his first trial, and admits he made mistakes. Juries want to reach out and help him up when he stumbles, as long as his motives are pure, and he maintains his credibility. Likewise, a veteran officer, who is less likely to stumble, will be perceived in a positive light, unless, and until, he loses credibility with the jury. It's all about credibility. Credibility has no boundary in age or experience level.

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  • How can I fight this DWI?

    I was hit from behind it totaled my car, I was knocked out & my Son was with me & while in ambulance Highway Patrol crammed breathalizer forced in my mouth & followed to Ambulance to ER & got a blood test from me without reason he searched my vehi...

    James’s Answer

    If DPS put a device in your mouth and had you blow, it was most likely a PBT device, whose results are inadmissible at trial, but whose results can be used to establish probable cause. Assuming the PBT gave them probable cause to believe you were DWI, they then either obtained a warrant, or a grand jury subpoena, to obtain the hospital blood results. Fortunately the child was not younger than 15, or you would have been charged with a felony. Don't assume that you have no defense.You need to hire an attorney whose practice is focused on DWI Defense,who has defended blood test DWI cases. I suggest you hire one that routinely practices in the county in which you are charged.

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  • Boyfriend blew a 0.00 for the breathalyzer, voluntarily took blood test because he doesnt do drugs but his field sobriety test..

    If the blood test was to come back negative what would the next steps be? Does the case become dismissed or will charges still be filed?

    James’s Answer

    I can only pray that the district attorney would do the right thing and dismiss that case. I hate hearing stories like this. Sorry that he had to go through all of that.

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  • Is there a chance of probation reinstate

    On probation for my 3rd dwi since its only been 3months is there a chance I can get reinstate

    James’s Answer

    It depends- you really haven't given us any information.

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  • On probation first offense didn't report court was set again and I didn't go

    I got a DWI first offense didn't report only twice got another date set and I didn't go to court I have a 2000.00 bond if I get arrested will I be able to post bond if so how much would I need to pay to get out. I have another court date what's go...

    James’s Answer

    I can't speak for your County, but in Harris County they would double the bond. Stay put and answer the charges - there will be a lot less trouble in the long run. You need to be sure to stay in contact with your bond company. You don't want them to surrender your bond. If they think you're a flight risk they could do so. Plus, you're going to want them to post the new bond for you if one is set.

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  • How can highway patrol officers arrest someone for dui if they are not in the vehicle?

    we called a towing service to tow a van out of the ditch and the towing service called the highway patrol . I called the tow truck to ask how long it would take and they said the highway patrol was at the incident and i should go back there becaus...

    James’s Answer

    Apparently someone told them your husband was driving. They don't actually have to catch him behind the wheel in order to charge him with DWI. Remember, being charged with a crime, is different from being convicted of a crime. The State still has to prove their case beyond a reasonable doubt.

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  • Can I see my records before hiring a lawyer in DWI case?

    My pre trial is set for about a month from now. I like to view my records regarding the blood test results. The clerk told me in order to see anything I first need to sign a form to waive my right to hire an attorney. Am I entitled to view ...

    James’s Answer

    I think what she meant was that you could represent yourself pro-se. Trying to do this on your own is not advisable. You really should hire an attorney who practices DWI defense.

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  • Will I ever be eligible for an order of non-disclosure for Obstruction of Highway in Texas?

    In March of 2012, I was charged with DWI 2nd. I had been convicted of DWI 1st in 2009 and successfully completed probation. After the 2012 arrest, my blood was tested 3 times and showed no presence of alcohol or drugs and then I was told the sampl...

    James’s Answer

    Non disclosures are for deferred adjudications that are successfully completed.

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  • Will I ever be eligible for an order of non-disclosure for Obstruction of Highway in Texas?

    In March of 2012, I was charged with DWI 2nd. I had been convicted of DWI 1st in 2009 and successfully completed probation. After the 2012 arrest, my blood was tested 3 times and showed no presence of alcohol or drugs and then I was told the sampl...

    James’s Answer

    Non disclosure is for deferred adjudication probations which are successfully discharged, without conviction. If you took a straight conviction, then it will remain on your permanent record. Hope this helps.

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  • How many times can officer ask you to take a breath test?

    After taking the breath test 4 times I refused the 5th. Now they have said I refused the test. What happens now? Will I face the maximum penalty?

    James’s Answer

    They make one one request where you either agree to give a sample or you refuse to give a sample. However, during the process of administering the breath test, you are sometimes asked repeatedly to repeat the process of blowing into the Intoxilizer - usually because you are giving a deficient sample. If you repeatedly fail to provide an adequate specimen of your breath, it is considered a refusal - just as though you had refused to give a sample from the very beginning. This is an issue your lawyer can look into at the ALR hearing. Remember, you only have 15 days to request that hearing. Hope this helps.

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