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Linda Medeiros Callahan

Linda Callahan’s Answers

428 total

  • If i fight a ticket can the penalty become any worse than what i was ticketed for?

    was ticketed for going 60 in a 45 on a motorcycle.

    Linda’s Answer

    No. But if the ticket is found to be committed, you will probably see your insurance rates go up for the next three years.

    It may seem like it costs more to hire an attorney than to pay the fine, but in the long run, the odds are you will do better if you hire an attorney experienced in fighting tickets, because these attorneys know the technicalities that can get a ticket dismissed or reduced to a nonmoving infraction.

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  • I am on informal probation for driving without a license for 3 years. What exactly will violate that probation.

    At it was for driving on a suspended license. Then it was dropped to driving without a license. I got my drivers license,and wanting to know how to get of informal probation

    Linda’s Answer

    Usually, a new criminal law violation is a condition of probation, and possibly, another charge of driving while your license is suspended. the best way to tell what your conniptions are is to refer to the judgment and sentence documents you should have been provided when you entered the plea to driving without a license. You can contact the court for copy of that or of the docket if you've lost your copy.

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  • I am an RN and recently got a DUI and I can't find via google a lawyer who is experienced in both DUI AND prof license defense

    This was a first time DUI with a BAC of .09 pretty simple on the criminal end, but I also need a lawyer to help me navigate the nursing board repercussions. Should I get 2 different lawyers? One to handle the DUI and one to handle the nursing bo...

    Linda’s Answer

    In my state, the nursing board does not take action on a first DUI--they open a case, then close it, just so that if you get another one they will have a record of the prior in their files. I do not know if a first DUI is treated the same way in AZ, but perhaps you can call the board and ask anonymously. If they do take action on a first, then yes, you will probably need two lawyers.

    My suggestion is to get the best DUI lawyer possible, so that the other lawyer may not be necessary.

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  • I got an underage at the beginning of the month and my court date is coming soon, i just wanted to know what will the judge ask.

    This is my first underage, and the first time i have EVER been in trouble. I'm scared to go to court and i just want to know what he will ask me, when I'm there. I was not holding any alcohol i was just running around my house being obnoxious when...

    Linda’s Answer

    Plead not guilty. If you are asked about your date of birth, or asked to confirm your date of birth, say that you decline to answer and are invoking your rights under the 5th amendment.

    He or she should just read the probable cause statement, inform you of the charge and of your constitutional rights, let you know the maximum penalties, and ask how you will plead.

    If you cannot afford an attorney, ask the court to appoint a public defender as your lawyer.

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  • Can you be convicted of DUI if you refused the PBT and were never offered the chance to take the BAC at the station?

    I was pulled over for driving with out headlights. (My headlights are automatic) I had not been drinking but was driving for my wife. I had just broke up a fight that resulted in alot of beer being spilled on my shirt. The officer conducted a ...

    Linda’s Answer

    Yes, it is possible. But you will have to overcome the testimony of the cop who is definitely going to back up his own decision to arrest you with all kinds of details about signs of intoxication he observed.

    Unfortunately, your refusal to take the PBT was you own undoing because it probably would have ended the matter there and then. I know in my state that a refusal to take the voluntary PBT does not relieve the officer of offering the evidentiary breath test on the BAC machine. But that will not stop the officer from lying, saying he offered it and you refused.

    At trial, the prosecutor may be permitted to argue to the jury or judge that you refused, and that it is evidence of a guilty conscience--that if you had not consumed alcohol, you would have been more than willing to give breath samples.

    To beat this one, get yourself a good DUI lawyer. Donald Ramsell of Chicago is excellent, but I'm not sure how far from there he travels.

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  • Would this be considered as refusal of counsel?

    Got a DUI in Arizona. At the police station the cop asked me to take a blood test and I said i wanted to speak with a lawyer. They gave me a cordless phone and a phone book and put me in a holding cell. 10 minuets later the cordless phone died and...

    Linda’s Answer

    In my jurisdiction you have to ask for privacy otherwise the cops can listen to your conversation. Unbelievable, right? Here, they have to give you a phone that works, but if you are unsuccessful in contacting an attorney, they don't have to delay testing to give you every possible means of getting in touch with a lawyer.

    The rules in AZ may be different. It is a good thing you submitted because there are numerous ways to challenge a blood test result if your attorney is knowledgable on how to do that.

    Here is a list of attorneys who have had extensive training on blood test evidence--Joe St. Louis of Tucson was in my class.

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  • Do lawers offer payment plans?

    I need to hire a lawyer for a first offense DWI but dont have alot of money.Im pretty much living paycheck to paycheck and can only pay a little at a time.I was wondering if most lawers would take a down payment of say $500 and then pay a couple h...

    Linda’s Answer

    Some lawyers are willing to do this. You have to shop around. The best place to start is the website for National College For DUI Defense, go to Find an Attorney, and then click on the state of New Jersey. There will be a list of lawyers who focus on DUI in that state. While some may be quite expensive to retain because they have advanced training and knowledge, others may be willing to work something out with you.

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  • Can I apply for DL? I got dui 20 year ago..

    When I got dui 20 years ago, unfortunalely could not show to court. Because I was arrest for something else. 1. How much going to be penalty or fine? 2. Can i able to fix the problems? I never apply any state DL? Can I fix problems other state?(ha...

    Linda’s Answer

    I doubt that any state will license you with the hold from the FL DUI.

    Hire a lawyer to help you quash the warrant (it may b=not even be active anymore but you have to get your case back going again to resolve it.

    It is really tough for the prosecution to prove a case that old. The cop may be retired by now or live/work elsewhere. So the DUI might be reduced or even dismissed.

    If the lawyer can get the charge dismissed, you can apply to have your license reinstated but you will have to take all the tests again.

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