After a frontal collision with another vehicle, I was cited for failure of driving in the right lane. Travelling around a downhill righthand curve I crossed the lane accidently (I don't remember what happened, it went so fast) and collided with th...
Probably not enough to get the Judge to dismiss the infraction on your own. The benefit of an attorney being involved is that the attorney can review the statute that you were cited under and review the police report and argue legal deficiencies with the affidavit or even the statute that you were cited under.See question
In Wyoming, can a person get a DUI while walking into a building?
I guess it depends if the officer was pursuing you after he saw you driving a motor vehicle. Otherwise, no. If you were just walking then you should not be charge with Driving Under the Influence (DUI).See question
I continued to drive for work and my status turned revoked habitual. I have completed outpatient treatment but due to the first degree tickets I am still having trouble getting my license. What do I do?
You need to apply for what is called a HTO stay with the Department of Licensing. You may qualify for a hearing for a stay of your HTO status if you treatment agency states on what is called a "Blue form" that you are an alcohol abuser and have completed at least 60 days of treatment.
Once the treatment agency sends that "Blue form" to DOL and you may a request for a Stay of HTO hearing then the Department of Licensing will notify you of a telephone hearing to see if you qualify. The are some legal pitfalls to avoid when doing that hearing so you need to hire an attorney experience with these re-licensing issues. If the hearing examiner grants your Stay request, you will need to sign an agreement with the Department of Licensing that states you will not commit certain crimes for one-year. Although, DOL may rescind the HTO status, you may still have to get a restricted license, depending on your driving record.See question
i got a dwi back in dec 2010. Got sober on my own last year. I attended outpatent at Agape. I graduated. I had 11 months before I relapsed. I still angry with a lot of resentments from my childhood until my adulthood. I was beaten by my mom, ...
If you were convicted of a DUI and the Judge still has jurisdiction on that DUI, the Judge by law has to imposed 30 days of "confinement" if one of the following has happened: (1) caught with no valid driver's license or proof of insurance, (2) had a subsequent BAC test greater than .08, and (3) refused a BAC test. Any other violation is discretionary with the Judge as to the sanction. Even under the mandatory law, most Judges interpret the word "confinement" to allow alternatives to jail, such as electronic home monitoring (EHM). The EHM option would allow you to continue with your treatment program.See question
So total of 3 years since conviction or a total of 5 years since conviction?
No, it does not include the probation and it depends on what type of misdemeanor that you are trying to expunge. Most misdemeanors, except for DUIs and Domestic Violence charges, you can ask the court to expunge 3 years after fulfillment of your judgment and sentence. Fulfillment of your judgment and sentence also means have no new criminal law violations during your probation period. The Judge also has discretion to not expunge the misdemeanor.See question
I have a current DUI case pending in court from this past September. Meanwhile this weekend I was detained by the original (same) officer in my DUI case and asked to perform a field sobriety test . (note: I was stopped in the road to pick my wife ...
Likely not. If you were not arrested and given the opportunity for a Breath Alcohol Content (BAC) test then it is highly unlikely that the officer will refer a report to the prosecutor for charges.See question
I have a Negligent Driving 1st Degree conviction that was reduced from DUI and recorded in 2008 through deferred prosecution (incident occurred in 2005). I just obtained my complete driving record and it shows up. Can potential employers see it?
Yes. The most important part of any employment application is to tell the truth on the application. Always assume that any potential employer can find any conviction from your past. Although you have not been convicted of the DUI in 2008 due to the Deferred Prosecution, any potential employer will see it and likely question you about what happened.See question
From what date does a Negligent Driving 1st degree reduced from DUI begin? Date of conviction, or infraction?
For your insurance purposes, it starts from the date of the incident. For the court's jurisdiction purposes it begins from the date of your sentencing or conviction.See question
I Hold a CDL drivers license. Couple years ago I was pulled over for DUI in personal vehicle, and blew over the legal limit. Couple months later I win my WA DOL hearing. License never suspended, CDL never revoked. I ended up getting a Neg 1 in cri...
The only way your CDL can be suspended in the scenario that you described is if you have another major moving violations within the 3 years of your conviction for Negligent Driving in the First Degree. Another major moving violation can include a speeding infraction for 15mph over the legal limit or a following too close infraction. If the Negligent Driving triggered such a suspension then you should be notified by mail from the Department of Licensing.See question
On page three of the application, federal law says no if you have been convicted of a felony punishable by one year or more, if the law of the convicting state prevents possession of a firearm. But if you get your rights back would that still appl...
If your rights have been restored by the State where the felony conviction happened, then it is up to the Federal Government. If the Assault 2 was domestic violence related then the Federal Government will likely deny the concealed weapons permit. However, you may way to look into getting that felony expunged from your record. You may qualify so long as you've had no criminal offenses since that felony conviction.See question