Skip to main content
Linda Medeiros Callahan

Linda Callahan’s Answers

428 total

  • My license was suspended 10 months ago for my 2nd dui. However, I was never charged with the 2 nd dui until today.

    I was chaged with a dui today when the initial offense occured in May 2011. I had a hearing with the dmv back in Sept 2011 and they suspended my license for 2 years becasue this was my 2nd one in 8 years. 1st one was in 2003. Anyway, I need adv...

    Linda’s Answer

    The prosecution can do this if it is within the statute of limitations, however, even if it is, your lawyer may be able to challenge the late filing if it has prejudiced your defense. For example, if there are witnesses or evidence that you would have had access to but due to the passing of time no longer exist or no longer can be found (like perhaps, a video of your stop or arrest that has been recycled) you may be able to get a reduction or dismissal.

    I don't know why they took this long. Is this a breath test or a blood test case? Sometimes with blood cases the lab takes a long time to get the results to the prosecutor.

    In my experience, when they take that long to file a case, it is because they couldn't readily decide whether there was enough evidence to convict, so it may indicate that there is a weakness in the evidence against you.

    See question 
  • Should an officer perform a urine test on the side of the road where they pulled you over, then issue you a citation for DUI MJ

    My husband & I were pulled over in Arizona, we live in NM, for window tint too dark, and trailer ball obstructing license plate, the officers gave my husband a urine test on the side of the road, telling him if he didn't give urine then and there,...

    Linda’s Answer

    Sounds to me like the cops may not have had probable cause for the search (taking his urine) so they coerced him into consenting to the search by threat of taking him into custody. But it is hard to tell because you do not explain how a traffic stop for equipment violations turned into a DUI investigation.

    This also raises serious privacy issues with me--what kind of a nation do we live in that would allow law enforcement to coerce a man to take down his pants on the shoulder of the roadway, exposing his penis to the public in order to give a sample of his urine?

    If this passes muster in AZ, my heart goes out to lawyers who have to defend the accused in such an environment. And to the accused, because truly, they are living in a police state.

    Unbelievable. He is going to need a good DUI lawyer. Fortunately there are some very, very good DUI lawyers in AZ. Check the link below for AZ DUI attorneys.

    See question 
  • I have a restricted license in Va. due to a 2nd DUI, but now I'm moving to DC. Does DC allow for restrictions to transfer?

    This is my 2nd DUI in 10 yrs, sentenced in Feb. of 2011 in Charlottesville, Va.. I have 14 months left on my restricted license and I need to know if my restrictions will transfer if I change my license to a DC license. If not, is it possible to m...

    Linda’s Answer

    Usually, when a person moves, the new state will check the national driver database upon receiving an application for a license. So if you apply in DC, the DMV there will see the VA conviction and restrictions and may require that you complete all the requirements AND reinstate your VA license before they will issue you a DC license.

    Unless you are eligible for reciprocity (e.g you are a student or in the military) you have to apply for a DC license within 30 days of living there. DC does allow for DC licensed residents to apply for an occupational license. The trick is, getting that DC license.

    See question 
  • Can a friend leave Oregon and still fulfill probation?

    A friend got her second DUI in Oregon. She has served her time in jail (10 days) and is waiting to meet with probation officer in two weeks. She was planning to move to Walla Walla, WA or Southern CA, and would plan to take required treatment cour...

    Linda’s Answer

    • Selected as best answer

    When a person with 2 or more DUI convictions seeks to move from the state of the conviction, the Interstate Compact for Adult Offender Supervision (ICAOS) governs the transfer of probation of member states. OR, WA and CA are members.

    The probation department in OR will send information to the state where your friend intends to move, and will wait for that state to respond as to whether they will accept her or not. Usually the receiving state has 48 hours to respond.

    The transfer is mandatory if your friend has:
    More than 90 days or an indefinite period of supervision remaining at the time the sending state transmits the transfer request; and
    (b) has a valid plan of supervision; and
    (c) is in substantial compliance with the terms of supervision in the sending state; and
    (d) is a resident of the receiving state; or
    (1) has resident family in the receiving state who have indicated a willingness and
    ability to assist as specified in the plan of supervision; and
    (2) can obtain employment in the receiving state or has means of support.

    So, for your friend, it would be helpful is she could get the judge to lift the restriction on travel so that she can look for a job in the new state, or, she should choose a state where she has family already living there that would give her a letter for probation indicating they will provide her with assistance.

    She should contact her attorney to note a motion before the sentencing judge.

    See question 
  • My Ex has gotten his 4th DUI and my child was with him. What can I do?

    This is my ex 4th DUI. Second DUI was 0.238 with my kids in vehical. Now thisDUI was .188. State of SD does not mandate DUI and child endangerment nor does the state agree for one parent to have sole custody. This is not a parent on a parent ge...

    Linda’s Answer

    This is really scary. My guess is, he will be spending a lot of time in jail, so he won't be driving your kids around. If you really want to protect your kids, go to his arraignment and ask the judge to order him NOT to drive with anyone under the age to 18 in his car as a condition of pre-trial release (if he gets released). If he already had his arraignment, perhaps you can write a letter to the court requesting that the judge impose that condition.

    With this latest incident, talk to your divorce lawyer as to whether you can modify the parenting plan to get all visits supervised. Ask him whether you should notify Child Protective Services about his drinking and driving with kids in the car to see if they will be helpful or not.

    See question 
  • How long should the BAC results from a DUII take? Is taking too long grounds for throwing out the case?

    I got my blood taken as a result of getting a DUII over a month ago. Is there some kind of time line that the DA must have the results by or else the case could be thrown out? I have court again in a few weeks. I was told that that court date will...

    Linda’s Answer

    • Selected as best answer

    There are very few attorneys with the level of training in gas chromatography (GC) required to defend blood cases. GC is the method most states use for blood analysis. Loopholes abound if you know where and how to find them. If an attorney does not understand how GC works, what the proper methods are for analysis, and how to tell when something went wrong in the process, he or she will not see the loopholes at all.

    There are documents to request from the lab in every blood analysis case. Most DUI lawyers do not even know what to ask for. These lab documents are key to defending blood cases and must be reviewed for error. Error can occur in every step of the process: sample collection, storage, analysis, even the method might be subject to challenge. These errors could result in the test results being suppressed (thrown out) by the judge, or in a jury verdict of acquittal.

    I've heard it said that blood evidence is the most damning and the hardest to defend against in DUI cases. Nothing could be further from the truth. After taking an advanced class in chromatography I know where to look for the loopholes/errors. A trained lawyer knows what to ask for, what to look for, and knows when the chromatograms show an interfering substance, carry-over from a prior sampling of another person's blood, or a variety of other problems. You have to know what can go wrong before you can recognize that something did go wrong.

    The government's blood analyst who will testify at your trial is probably is not as well trained as a lawyer who has been through advanced GC training. Mostly, these analysts are trained by a peer in their own lab who teaches them which buttons to push on the gas chromatograph.

    I've uploaded a link for you that has the names of attorneys who have graduated from this advanced class since they started a couple of years ago. I think there is a lawyer from OR in there. That person would be the go-to lawyer on a blood case if you opt not to take a diversion.

    Good luck in your case.

    See question 
  • I got a DUI Saturday - My attorney told me I could go into the DMV and request a replacement ID for my "lost" drivers license

    I feel like this is not aloud. I do have the pink slip, but i am flying out of state and while it is legal to rent a car, you can barely read my license number on the slip. The attorney i spoke to is saying to go get a new license and that it's ...

    Linda’s Answer

    The problem is that you have to lie to DMV because you didn't really "lose" your license. So even if you recently got the DUI and maybe DMV has not loaded the information into the system, if you have to sign under penalty of perjury that you misplaced your license, you would be committing a felony if you really didn't.

    See question 
  • If reinstated

    What could be the consequences if he is reinstated?

    Linda’s Answer

    Sorry, your question is not clear, but let me try to answer. Reinstatement of your license might require a fee, and in some states also requires that you complete certain alcohol or drug classes. Some states also require that you show proof of insurance, and perhaps, SR22 insurance.

    I've posted a link for you below to the Georgia DDS that might be helpful.

    See question 
  • First time offender in nc-received dwi for prescription medication and received ticket for speeding. what do i face with nc dwi

    i had taken my antidepressant without eating due to being in a hurry. i had recently gotten a new car and was not used to how it handled. i was going 72 mph in a 55 mph zone and ran off the road 2 times while trying to retrieve my cell phone. s...

    Linda’s Answer

    Most anti-depressants have no impairing effects. Lately however, law enforcement agencies across the country are putting a new emphasis on arresting people for DUI when they get pulled over for a traffic infraction like speeding.

    The prosecution is going to have to prove, beyond a reasonable doubt, that the anti-depressant caused impairment that affected your driving. The State usually has trained expert witnesses that work for the government, and it is their job to give this kind of testimony.

    As the defendant, you have no burden to prove anything, but as a practical reality, if you do not have your own expert witness to refute that testimony, the jurors or judge might well believe it. Although I have a hunch if any of your jurors or the judge ever took anti-depressants they would think the testimony of the State expert is hogwash.

    If you are convicted of DUI, there will be jail time to serve and the amount depends upon any aggravating factors that the judge might find in the facts of your case.

    Find a good DUI lawyer to fight the case.

    See question