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Kelly W. Case
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Kelly Case’s Answers

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  • Got DUI and property damage in Nebraska 0.21 BAC

    I had one good glass of red wine and drove the car immediately. I hit a car in red light, the other car did not have much damage but my car got huge damage upfront. The lady on the other car also called an ambulance calming she had neck pain. But ...

    Kelly’s Answer

    A DWI/DUI can have a drastic affect on your future. If convicted, you may be inadmissible for any Ph.D. program along with numerous other potentially negative long-term consequences. Do not take this lightly. You should immediately hire the best DWI lawyer in your area. Research your options for lawyers and then choose one that is routinely in court trying cases and arguing motions. There are trial lawyers and there are plea lawyers. You need a trial lawyer since you life and entire future are on the line. Don't take chances and don't delay hiring a lawyer. Evidence is being lost, or worse destroyed, by the police. Police do not keep evidence of your innocence, they only keep evidence that shows you are guilty. It is up to your defense attorney to demand they preserve all evidence and present your case in the best light possible.

    To research the top DWI Lawyers in the country, go to the website for the National College for DUI Defense and begin searching in Nebraska. Don't delay, this is extremely serious and you have too much to lose to waste time.

    Many times a good DWI lawyer can assist you in ways you never thought possible, making the outcome much better and save your life and livelihood. This is a specialty field and it takes years of training and education to become a good DWI lawyer. Not all criminal lawyers are qualified, just as not all lawyers are the same.

    Good Luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • If a judge orders me to do 52 sessions of counseling for a Dui can I do AA instead?

    First Dui got 50 community service, 200$ fine, normal classes, and 2 days jail...I don't have money to pay for a counceler every week

    Kelly’s Answer

    I doubt it so before you head off and do it, you shoudl check with a qualified lawyer or go back to court and ask the judge to clarify. I honestly doubt there are many judge's that are going to be concerned about your convenience. However, not being able to afford it is different and it may be possible to qualify as indigent, depending on several factors. You really need a local attorney to at least consult with you and give you some guidance. Just keep in mind that the judge is not going to be real interested in making this easy on you and if you complain or try to find a way around it, the judge can make your life miserable(er).

    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • I was arrested for dwi dui owi, allegedly because I ran a light. However I noticed that on the ticket the time was off by 3hrs

    I was pulled over and arrested for dwi,dui and owi. The basis for my arrest was that I ran a red light. However after reviewing everything that was given to me I noticed that the time on the ticket for running the red light was incorrect. The tick...

    Kelly’s Answer

    Lenny Stamm is one of the top lawyers in this area and he is in Washington DC. You need a lawyer. Do not try to handle this yourself. In the last 20 years, I have seen thousands of people that thought they were smarter than the judge and the cop and none of them ever reasoned their way out of a criminal charge. A lawyer that will represent you and go to work for you is invaluable.

    Good Luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • Is it possible to reduce the SR-22 cost for a non-driver?

    My son has had his license suspended and most likely will not get its back for a couple of years. During the process, he was told he was required to carry SR-22 insurance which we are doing. For the duration that his license is suspended, he a...

    Kelly’s Answer

    Your best bet is to contact a local attorney that handles license suspension and revocation issues, and talk to them about your situation. I cannot answer how Tennessee will handle the SR-22 issue, but when you say "you were told", I have to wonder if the person you spoke with has any knowledge of what they are claiming. Calling your state's license bureau is not going to give you an answer. Only a qualified attorney that is really representing you can answer your questions and will assist you in accomplishing your goal.

    Unless you have spoken with a qualified lawyer about this issue, I would not trust "courthouse advice".

    Good Luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • How long do blood alcohol results take to come in?

    Defendant has been incarcerated for over two months now. Recently just charged by grand jury with murder - 3rd DWI and aggervated assult with deadly weapon...from what we know of blood alochol results are NOT in yet...can this be? How long does it...

    Kelly’s Answer

    There is no definitive answer to your question. I have had it take as long as 2 years befor ethe results come back - it depends on the nature of the test that has been requested and the method of testing that is used. There are hospital immunoassay tests for ethanol content, Gas Chromatography with and without Mass Spectrometry and High Pressure Liquid Chromatography. Each of these tests are performed in a completely different manner and only one may be performed or the prosecution may decide to perform all three.

    Be sure that you hire a blood DWI lawyer immediately. There is a lot we can do when we are quickly brought on to defend a person, but already valuable evidence is being lost. For example when blood is drawn, the swab to cleanse the area of the draw, has packaging that has the expiration date of the swab on it. Without that packaging, you cannot tell if the swab was expired. This is one of many examples of why hiring a lawyer immediately is the best course of action. Police will not preserve all of evidence. They will only preserve evidence of guilt. It is up to your defense attorney to demand that all evidence is preserved.

    Blood cases are the most complex and difficult to defend and there are only a handful of lawyers in the state of Texas that can adequately, successfully defend these cases.

    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • Second DWI Charge ---- If a judge is adding a condition to your bond what is the procedure to do this???

    I'm afraid my judge will add a SCRAM to the conditions to my bond for a first violation on my Interlock Device. If he adds this condition, what is the procedure??? If it is added how long will I have to get the SCRAM? This all pertains to a D...

    Kelly’s Answer

    This is one of those crazy things that is left to the judge's discretion. It is routinely ordered in one court in Harris County, as crazy as that sounds. If the judge orders SCRAM, you will be given a deadline to provide proof of the SCRAM device's installation, usually 10 days, but can be less, if the judge decides to make it so. The procedure to add the condition is that you will be called into court and told that the judge is adding this to your conditions of bond. You are entitled to a hearing and you may provide proof that this is overburdensome and repetitive since you have an interlock, however, this is completely within the judge's discretion.

    I would advise you to hire a local attorney that knows the judge and what can be accomplished for you. Make sure you are hiring a good, competent, qualified DWI lawyer in your county and let them work their magic for you.

    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • Can an intoxication manslaughter charge be enhanced to murder if it's a defendant's 3rd DWI?

    Defendant was charged before grandjury with aggervated assault with a deadly weapon and murder. I believe the murder charge was enhanced due to 3rd DWI...but I do not believe blood alcohol results are in yet. A murder charge is like stating the ac...

    Kelly’s Answer

    Yes. Hire the best DWI lawyer that handles these types of cases and is trained in blood evidence. This is not the type of case that you can afford to delay hiring a lawyer. Valuable evidence is being lost because the police do not preserve all evidence, they only preserve evidence of guilt. It is up to your defense lawyer to make sure that all evidence is preserved and to defend you. The sooner a great lawyer is hired, the better off you are and will be because there are many tactics that can be employed by a good DWI lawyer.

    Waiting to hire someone will be a serious mistake. Hiring the wrong person is almost as bad as waiting to hire someone, so do your research. Great DWI Blood lawyers are very few, there are less than 10 in the entire state of Texas that have completed a course in Gas Chromatography and are more than qualified to defend these cases.

    This is extremely serious, as I am sure you are aware, and a very good lawyer should be hired immediately.

    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • DWI Trial - I would like to observe one, where or how can I find one???

    I would like to attend and observe a DWI trial in texas, how would I go about finding one?

    Kelly’s Answer

    Try your local county courthouse. Call the county court(s) coordinator for your local courthouse and ask them about their trial schedules and settings. County courts usually have certain weeks of the month designated as trial weeks and while it is not a certainty that there will actually be a trial, you have a better chance of being able to observe one during that time. The coordinator should be able to tell you how many trials are scheduled and the type of charge. Now a lot of times cases settle so be prepared to be disappointed or told that the case has gone away after you get there. But if you are persistent, you should be able to view a trial pretty quickly.

    You can also search your county on the www to get more info. Some counties post their trial settings on the internet so you can go to the courthouse with an idea of what might go to trial.

    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • State lab results/ DUI

    my case is at a standstill due to waiting for blood results. (refused testing) will the prosecutor seek enhanced penalties such as jailtime when they see that the BAC is over .23?

    Kelly’s Answer

    I cannot answer your state specific question regarding the enhancement for high BAC test. However, I can tell you that blood cases can be won. They are not a certain win for the State by any stretch of the imagination, if you hire the right attorney. There are several good ones in your area. Search the National College for DUI Defense to find the best in your area. Make sure they have experience and have trained extensively in defending blood cases. These are winnable, but they are complex and require a higher degree of training than the regular DWI specialty case.

    Don't delay. Police and prosecutors will not preserve evidence of your innocence. They are only concerned with collecting evidence of guilt and have a bad habit of ignoring or even worse, destroying evidence that proves your innocence. Hire the best attorney you can right now and let them go to work for you.

    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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  • MY wife was recently charged with Intoxication Manslaughter. but they lost the B.A.C. report

    I was at the wreck just after it happend. She had two empty beer cans in the car from days prior so they are charging her for open container and Intoxication Manslaughter.. The have since then detained her three weeks after the accident. They have...

    Kelly’s Answer

    "Losing" the blood test results is irrelevant, in my opinion. In Texas, you can be prosecuted for this offense three different ways. Only one of them includes a number that is over the limit of .08. So don't get too excited about the results getting misplaced. Also, what the prosecutor is telling you and what the truth is, may be completely different. Depending on the lab testing the blood, results can take up to 6 months to come back. Many times, I have had prosecutors tell me that they are missing evidence, only to find out later that the evidence was in storage or located in a different place, and they were simply unaware of it's location.

    A good defense is calculated is prepared; it does not rely on luck. Blood cases are extremely complex, involve many different scientific disciplines and a thorough knowledge of the law and science involved.

    Good Luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

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