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Linda Medeiros Callahan

Linda Callahan’s Answers

428 total

  • Puplic defender saposed to file an apeal for probation,and and fine reduction 7 mo ago

    dui,no inshurance,revoced dr lience. did 6 mo on dui,and revocation,then judge year for the no inshurance. must pay fine 3500..00 and complete classes,if not will end up serving,one full year. time served will not count. seen public ...

    Linda’s Answer

    I'm sorry you had a bad experience. You should contact the agency your public defender woks for. He or she must have a supervisor you can talk to about this.

    Do not delay. Appeals have to be filed in a timely manner. If not, they are rejected.

    Perhaps you can talk with a private attorney about your situation. Many will give you a free or low cost consultation.

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  • Mis-information on the citation

    Can a ticket be tossed out by mitigation if I can provide proof that there is inaccurate information?

    Linda’s Answer

    No. You have to contest the ticket to get it tossed out. Mitigation means you want to ask for the fine to be lowered. But usually, the amount of the fine is not the problem--the ultimate problem is the increase in insurance rates for the next three years.

    If you already requested a mitigation hearing, you can write a letter to the court and ask to change it to a contested hearing.

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  • License Reinstatement

    I refused the "breathalizer" a year ago for a DWI case and the charges were dropped "Not Guilty". I have paid the fees to reinstate my license in the state of Texas. Should I have recieved my license back by now since it has been a year? How do I ...

    Linda’s Answer

    I believe your license would have been suspended for only 180 days for a refusal, unless you had prior alcohol or drug incident (including in another state) within 10 years, then it is 2 years. You apparently paid the required fee, so perhaps something else is holding you up. Contact DPS or your attorney to find out what.

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  • Can I loose my residence card if. I have two dui? They are both misdeamenors , and I been a permenant resident for 15 years now.

    And my time for renewel would be in 2014 . I got my first dui in 2009 and the second one I just got recently in 2012 jan.

    Linda’s Answer

    I redirected your question to add it to the immigration lawyers. They would be best qualified to answer your question.

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  • I was recently pulled over for speeding, but then was given a DUI?

    The case is still kind of up the air for me. I was recently stopped for going 72 on a 60 zone, but the officer had mention I smelled of alcohol. I informed him that was not alcohol he was smelling and it was marijuana which I do have proper docume...

    Linda’s Answer

    • Selected as best answer

    Unfortunately, you will just have to wait and see. I can tell you that the state toxicology lab, which will be doing the blood analysis, usually takes a couple of months to issue a report of the analysis. They send it to the cop, who in turn sends it to the prosecutor.

    The prosecutor will evaluate your case based upon the quantity of THC in the sample, the fact that you also consumed some alcohol, the results of field sobriety tests, and on your driving 12 mph over the limit.

    The results from the lab will show both the active metabolite (delta 9) and the inactive metabolite (carboxy). Unfortunately, most rookie prosecutors, and even some seasoned prosecutors, aren't aware that the inactive metabolite does not indicate impairment. So when they see a large number there, in the hundreds of nano grams, they think you were hammered.

    In this event, you will need a good DUI attorney who can educate the prosecutor handling the case.

    Since you have a green card, I'm guessing that you consume THC on a frequent basis. If so, that means you will have a high quantity of the inactive metabolite of THC in your blood. It is inactive, which means that its presence does mean you are still "stoned" only the active metabolite is a measure of that.

    If the prosecutor is misled by the inactive metabolite result, you almost certainly will receive a summons in the mail indicating you are charged with a DUI.

    But if the prosecutor looks only at the active delta 9 result, and it is under 5 nano grams, it is less likely that they will charge you.

    In my opinion, due to budget issues that are challenging state, city, and county governments, more "weak" cases are being filed than ever before so that the government can collect more fines, fees and costs from people charged with crimes. This tends to make it more likely that they will file charges against you.

    Be sure that you have your address current with DOL so that the summons, if any, may be mailed to your current address. Also, you should take the time to write a detailed account of the incident. I have a Questionnaire that I send to clients by which I gather from them important details legally relevant to their case and from this, I develop the strategy for defending the client. I would be happy to send it to you free of charge if you would like just so that you can document now, while it is still fresh in your mind, all the relevant details.

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  • Is it a violation if I was arrested again on a charge of Driving on Suspened in the 1st and RCW 46.20.740 when I had it stricken

    I have 3 DUIs in 2009, convicted, Sentenced in Oct 2009. Served max time in November 2009 to July on the last two DUIs. I went back to court because it is required by law in WA that you have a home blow and go and or a ignition interlock till yo...

    Linda’s Answer

    Yes, because upon a conviction for DUI, you are prohibited from driving any vehicle that is not equipped with an ignition interlock device. Not to mention, you are not even supposed to be driving at all because of the license revocation. So you violated both laws. You are probably in habitual offender status by now which means you won't have a license for 7 years unless granted a stay (which you can apply for if you are in treatment for substance dependence).

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  • DWI Witness Deposition Needed?

    A person I know called police and said I may or may not be drinking. They later called them back and said I was home fine there was no need for them to go to my house. I however was not home yet, 5 minutes away. The police went to my house anyways...

    Linda’s Answer

    Probably not. But if NY follows the Aguilar-Spinelli rule, the cops have to corroborate the informant's tip prior to contacting you or the contact and subsequent detention is unlawful. Usually, corroboration entails seeing you drive erratically. In your case, it would be observing indications that you were intoxicated as you exited your vehicle. The Aguilar-Spinelli rule has been overruled in several states, however, so you should ask your attorney whether it applies in your case based on your state constitution.

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  • Can a cop pull me over while he is parked illegally?

    I didnt know i was speeding, the sign was very small and blocked by a semi truck. I was doing 13 over and going over a bridge. A motorcycle cop was on the other side of the bridge, over a curb, blocking a pedestrian bike path and pulled me over. I...

    Linda’s Answer

    Even if the cop was wrongfully in a bike lane, that is not going to persuade the judge that you didn't break the law. There are more effective ways to challenge a speeding ticket. Usually, these are won on technicalities--something missing in the report, a violation of the court rules, no proof of calibration of the speed measuring device, etc.

    A seasoned infraction defense lawyer, preferably one who is familiar with the Aberdeen/Grays Harbor court judges, will know best how to win your case.

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  • I was stopped and charged for driving with a suspended license for an unpaid ticket what can i do?

    A cop pulled me over stating that i was driving with my headlights off, which i dont believe this to be true. Anyway they ran my license and informed me that it had been suspended because i hadnt paid a ticket 2 yrs ago. I am currently under unsup...

    Linda’s Answer

    First, contact DOL and find out what is holding you back from getting licensed. It may well be that all you need to do is have your license reinstated after it was suspended for the DUI you are on probation for--because you would have had a suspension or revocation with that conviction.

    DOL will not automatically reinstate a driver's license after a suspension or revocation because there is a fee to pay, and a process to get reinstated.

    You can contact DOL by email at:

    As to the DWLS charge you are now facing, you may challenge the legality of the stop. You probably want to hire an attorney for that. It would be helpful if your neighbor is able and willing to testify truthfully that your lights were on when the officer stopped you. Otherwise, it is the cop's word against yours and the judges will typically go with the cop's version.

    On the other hand, if you can resolve the issue with DOL and get your license reinstated, prosecutors can often be persuaded to reduce the DWLS to a lesser charge, perhaps even a simple infraction, which would not be a criminal charge and would not result in an additional suspension or revocation.

    I'm posting a link to my website that discusses DWLS/R. Let us know if we can help further.

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