I am prescribed vicodin 10/325 4x daily, I carry my daily dose (3) minus my nightly pill and wonder if I am pulled over what are the chances of DUI. I guarantee that there will be no signs of intoxication as I've been taking this med and dose for...
If you are pulled over and admit that you are on this medication, it is highly likely you will be arrested in some jurisdictions. If the LEO finds your prescription bottle, your odds of being charged go up. Unfortunately, tougher counties take the mindset that ANY medication in your system is grounds to arrest you. However, that does not mean that you are guilty of DWI. They must still prove it in court and since there is no "per se" limit of intoxication by drugs, it comes down to the officer's word against yours. The officer will claim that you performed poorly on the SFST, no matter how you do in reality - so do not do them. The officer will claim that your statements to him were incriminating - do not make any. Once you provide the officer with your driver's license and insurance information, ask if you are free to leave. When the officer poersists in asking you questions about where you were going or coming from - inform the officer that you do not discuss your personal life and you feel as if he suspects you of criminal activity and you want to speak with your lawyer before answering any further questions. Do not take any tests that are offered, and refuse to answer any questions. You may get arrested but you will provide them with evidence to prosecute you and while it may upset the officer that you are refusing to cooperate - you have every right to do so. Also, remember that you are being videotaped at all times so don't do or say anything that may appear to be incriminating to 10 people that will watch it during trial.See question
If you are found guilty based on evidence that should have been suppressed, how does the appeal process work? What are the costs? Do you start probation, etc... while the appeal is outstanding? How long does the process take? If you lo...
The appeal process is lengthy. A notice of appeal must be filed within 30 days of the sentencing date. If applicable a Motion for New Trial should also be filed and a hearing requested. The first level of appeal is the the appellate court that is in your district. A transcript is requested and must be paid for in advance. Once the transcript is obtained the appellate lawyer will write a brief summarizing the issues and relevant case law for the appellate court to decide.
The next level of appeal is the the Court of Criminal Appeals, which is the Texas criminal supreme court. But the process is slightly different.
While your appeal is pending, you do not serve any of the terms of the sentence, but you must abide by the terms of your appellate bond.
It is very expensive to appeal a criminal trial. You must cover the cost of the transcript which can range from $1500.00 - $5000.00 or more, depending on the length of the trial and amount of testimony t hat must be transcribed. Then legal fees for a first level appeal can cost anywhere from $10K - 30K or more.
There is no set timeline for how long the process takes. The are deadlines for filing and for the reporter to prepare the transcript but the appellate court may take as long as it would like to decide the case.
There are several things that happen when you "win" an appeal. The case can be sent back down and dismissed, it can be sent back down for a new trial, it can be sent back down to conduct a harm analysis on the error and then decide whether or not to grant a new trial.
It is always better for another attorney to handle the appeal since one of the issues that the new attorney will be looking at is the trial attorney's work and whether it can be considered deficient or "ineffective."
There are several prominent attorneys that handle appeals. Brian Wice in Houston, Troy McKinney in Houston or go to the Texas Board of Legal Specialization website and find an attorney that specializes in criminal appeals. Of course, as with any specialty field be prepared to pay a lot of money for their expertise - but that's why they get great results.See question
blood test come up positive for amphetamine
Blood tests are wrong quite often. However, the type of analysis performed makes a big difference as well as which agency has performed the test. I don't recommend ever testing the blood again for the specific substance. If it comes back positive again, you have just given the prosecution the case. Research the best DWI Blood lawyers in your area. Just because a lawyer handles criminal law does not make them a DWI lawyer and out of those few who are DWI lawyers an even smaller number are qualified in Gas Chromatography - the science behind blood testing. Do your research and hire a good lawyer for this type of case - someone that has handled blood cases routinely and has access to the best experts.
A great law yer can make all the difference in the world. So can the wrong one - choose wisely!See question
Breaking parole violation for getting arrested for a dwi, that was not proven, but pleaded guilty, just to get the process going.
Waiting for a bed to open up at SAFPF does not count toward time served.See question
I'm 19 and got arrested for the first time with a dwi. They gave me a blood test and took me to jail. Friday is my court hearing. What do I plea and in most cases what do you think will happen?
Be smart - hire a lawyer. Any advice you get for free on this cite will be worth less than what you are paying for it!
Make sure that your lawyer had handled DWI blood cases before. Blood draws DWI's are extremely complex and only the top lawyers in the State can handle these well. Be sure to do your homework and don't hire someone based on how little they charge - that is almost as bad as having no lawyer at all.
And whatever you do, DO NOT talk to any ADA or law enforcement about your case.
Kelly W. Case
I am on probation for 2nd dwi in Louisiana. I have just received a letter saying "motion and order for hearing to revoke probation". I have met and completed all the things required from probation, except I have a few hundred dollars left to pay. ...
Hire the best lawyer in town and fight it. Otherwise, you are going to jail.
Good luck!See question
this is my first dui ever. i want to know that given it was a first offense how can i get my charges reduced.
I recommend researching the top DWI Lawyer in your area and hiring that person. Go to NCDD.com to get a list of names and then start calling to find out who has the best reputation and produces the best work. Without an attorney you have little chance of succeeding.
Kelly W. CaseSee question
For felony and prior convictions.
The top DWI Lawyers in the country belong to the National College for DUI Defense and can be found by searching the College's website. www.NCDD.com
Good luck and Merry Christmas.
Kelly W. Case
no other details
It sounds as if you are on probation and in t hat case, it would be a violation of your probation. Different courts use different methods when a violation occurs, but they will all issue an arrest warrant and you will be taken into custody. How long you remain there is where the differences in courts come into play. It also depends on if this is a felony or misdemeanor conviction.
The bigger issue for you would be to ask yourself why you are drinking while on probation or attached to a device that is used to detect consumption of alcohol. Questions of the scientific validity of such a device aside, you had to know that you would get caught or you will get caught. You may have a more serious problem than you thought which is the one you need to face. Until you can address that problem, you will never be able to complete probation.
You should take steps to secure a lawyer that is experienced in representing people in probation revocation proceedings.
Kelly W. Case
im on probation for marijuana posession, but i was just notified that they had a pending warrant on me for a DWI although i was never arrested but two months ago i got ito an automobile accident, was not given a breathalyzer, but was put in the ba...
There is a very good chance you are going to be charged with a crime. The answer to you question is "yes, there are numerous defenses to this." However, only the top DWI blood lawyers will be able to assist you. It appears as if the DA's Office obtained your hospital records or a sample from the hospital of your blood and have analyzed it. Whether that analysis was done at the hospital or in a state approved lab will make a huge difference in the defenses available to you. I can tell you that blood cases can be won, but only by a lawyer experienced in defending these types of cases.
Houston has some of the best DWI lawyers in the country so you have agood selection of tried and true trial lawyers to choose from.
Feel free to contact me if you have any other questions.
Kelly W. Case