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James Richard Butler
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James Butler’s Answers

349 total


  • Can I file for a work permit to drive myself or must I use an attorney

    Need my drivers license re-instated ,I've not had a legal drivers license since around 2000 .is there statue of limitations on them in texas

    James’s Answer

    I agree with attorney De Groot. I would begin by calling DPS driver improvement at 512-424-7180. These people are very helpful and can tell you exactly why your license is still suspended, or what steps you need to take to have it reinstated. The DPS website is a wonderful source of information. You can check your license eligibility by entering your drivers license number, and the last four digits of your Social Security number.

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  • Would I need to do an ALR hearing if I gave blood due to a warrant and it's below .08?

    During waiting on my trial on my first DWI 2 months after I worked a 12 hour shift and after work me and a friend went to a bar to drink. Only drank 2 standard drinks. This was from 11 to 130 at night. I then dropped him at home and then started...

    James’s Answer

    Yes, you need to request an ALR hearing because you refused to give a sample of your blood, when asked to do so by the officer.

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  • I would like to review the sobriety test butt the lawyer that the court gave me he knows nothing of the case until he gets case

    I got into a car accident -the police officer has been my home before for domestic violence he knew I had lots of backsurgery and knew that I was on medicine I was very honest with the police handed him my purse as I was asked to do was in the amb...

    James’s Answer

    I'm sorry that things aren't going well for you. Once the court appointed lawyer signs on to your case,they will have access to your police report,your video,and any breath or blood test records in the State's possession. The most important piece of evidence in a DWI case is the video of you performing the field sobriety tests. I'm sure that when the appointed attorney signs on to your case and receives the tape, he or she will be willing to review that tape with you. If not, ask for another attorney.

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  • Will I get in trouble for not checking "on task" in to see if I do a ua?

    So I have this app called "on task" and it tells me if I need to do a UA and I have to check it Monday through Friday to see if I Need to test and I think I checked it late but when I checked the app it said I don't test. I still told my P.O. righ...

    James’s Answer

    My guess is you're OK. It might have been a different story, had been required to test and you didn't.

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  • My lawyer is about to drop my case for a DWI because can't afford to pay him. What can I do

    Lost my job , divorced , and some other hardship. Got a DWI 25 yrs. ago and they want to charge me with a felony , 10 days in jail , community time and 4 probation. Lost a lung because of cancer - they put a ATL device in my car - have to ad...

    James’s Answer

    You can ask the court to appoint you a layer. You will need to fill out an affidavit of indigence. Having one lung, alone, doesn't mean they will not proceed with the felony DWI, but it is the type of evidence a skilled lawyer will use in your defense.

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  • Is there a statute of limitations for dui ?

    What to move back to Dallas have a dui on2002

    James’s Answer

    The statute of limitations on a felony DWI is 3 years, and 2 years for a misdemeanor. If you left the state, that time is not computed in the period of limitation. It's the filing of charges that tolls the statute, not your arrest.
    The real question is whether the State can still prove your case beyond a reasonable doubt, fourteen years after the fact.

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  • What are the penalties for the Dwi home device being violated

    4th Dwi just used mouth wash it violated rinsed mouth out with water blew again and past but the picture didn't take does that happen a lot the picture not taking

    James’s Answer

    Is the device required as a condition of bond or as a condition of probation? If it shows alcohol while you are out on bond, they could revoke your bond, and raise the amount required to stay out on bail. They could also modify your bond conditions, or just bring you into court and give you a verbal admonishment. If you are on probation, this could result in a Motion to Revoke Probation for using alcohol while on Felony DWI probation, or they could modify and/or extend your probation in lieu of revocation. You are definitely going to need a lawyer for this.
    The Court, and your lawyer, will want to see the numbers from the device. If there was a test number, let's say a .045 followed by a drop to a .009 - the court may see this as "residual mouth alcohol" and admonish you to not let it happen again. If the number you blew went from .045 to .039 to .021 - a gradual decline in the value - then they may think you were using alcohol. Allot will depend on the Judge, your history, and how well you have complied with Court ordered conditions to date. Hope this helps.

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  • After breathalyzer is removed, is it ok to drive while waiting to get a new unrestricted drivers license?

    I got DWI a few years ago. I had to have a breathalyzer installed in my vehicle. Recently, my judge gave me the okay to have the device removed. I'm in the process of getting a new drivers license without an interlock restriction, but this will ta...

    James’s Answer

    Once the interlock is removed and you have paid any necessary fees to DPS it's best to check your driving eligibility is on the DPS website. https://txapps.texas.gov/txapp/txdps/dleligibility/login.do
    You want your status on that site to show "eligible to drive". If you have any questions or issues on the website I'm sure your attorney can advise you. Hope this helps!

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  • As a person under 21 do i have to submit to a breathalyser in texas if i have not been driving or boating

    Police busted a party i was DDing for i asked them what law said i had to submit they would not tell me and threatend to put me in jail. I submitted an blew a .000

    James’s Answer

    So you were not driving, and they simply wanted to bust you for underage drinking? No, you didn't have to blow into their handheld device. Fortunately, it saved you from further hassle.

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  • I'm in the driver seat, in my key is in ignition I'm listening to music, in the police was called for loud music

    I'm in the driver seat, in the keys in the ignition, I'm listening to music, the police said that it's a disturbance. How do I get charged for dui.

    James’s Answer

    They arrested you for DWI because they believed you were "operating" a motor vehicle. You need an experienced DWI lawyer to defend you in this case. It's not as simple as it seems to you and me. As one Texas court famously put it, "driving necessarily includes operating, but operating doesn't necessarily include driving." Anything a person does to affect the operation of a motor vehicle can be considered operating for DWI purposes. It's a case by case, fact specific defense. Was there an independent witness that followed you home moments before the police arrived and found you still in the car listening to music? Was the hood hot to the touch? These are the types of things your lawyer will want to know. If it was just you sitting in the car jamming to music, and the police rolled up, and there is no evidence that the vehicle had recently been operated, and there are no witnesses, and no admissions by you of operating,they would be hard pressed to make that case.

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