I am asked many questions on a regular basis often several times per month. Therefore, I thought I would provide them here along with the answers.

My boyfriend/girlfriend/husband/wife was charged with second degree assault. I no longer wish to pursue the charges. Can I drop the charges?

The answer is "no." Only the State's Attorney can drop the charges and they will often refuse to do so. If you were married at the time of the incident and are still married, you may be able to exercise the marital privilege and refuse to testify which may make it difficult for the State to prove its case. If charges are also pending against you, you may refuse to answer any questions that may incriminate yourself under the fifth amendment.

I received a traffic violation that states that it took place while driving on a public highway. I was not on a public highway, but was on a side street. Can I get the charges dismissed?

No, "public highway" is defined in the law as any roadway. The argument will not be successful.

I received a speeding ticket and the officer spelled my name wrong. Can I get the ticket dismissed?

Unfortunately, a typgraphical error or misnomer will not result in the ticket being dismissed.

I received a DUI and the charges were dismissed in court. The MVA suspended my license for 270 days for refusing the breathalyzer test. Can I get my license back?

No, you cannot get your license back. The trial for the DUI citations and the MVA hearing for exceeding .08 or refusing the breathalyzer test are seperate proceedings. A dismissal or acquittal has no impact on the MVA hearing or sanction.

I have a CDL and received probation before judgment for a DUI under 21-902(a)? Will anything happened to my commercial driver's license?

Yes, a probation before judgment counts as a conviction for CDL purposes. A PBJ for a DUI will result in at least a one year suspension of your CDL. The outcome is different for driving while impaired.

I received a DUI and received multiple citations. What do I do now?

If you took the breathalyzer test and exceeded .08 or refused the test, there will be a suspension of your license for a lengthy period of time beginning on the 46th day unless you file for an administrative hearing within 30 days (although requesting it within 10 days is better) or elect the ignition interlock. You will receive a court date for the citations. You should immediately begin a certified alcohol treatment program, abstain from alcohol, and retain counsel.

I was caught shoplifting and have now been charged with theft. Will I be stuck with a theft conviction on my record?

Probably not if you have no prior record. Many counties offer a diversion program where you do community service and the charge is dropped allowing you to get your record expunged. Even if you receive probation before judgment, it can be expunged after three years.

I received probation before judgment for a DUI 10 years ago. Can I get it expunged?

Unfortunately, a PBJ for a DUI or DWI can never be expunged.

I got a speeding ticket. Should I request a trial or waiver hearing?

It is almost always better to request a trial which requires that the police officer be present in court. Sometimes, they do not appear in which case the charge will be dismissed or you will be acquitted. Note that if you were not cooperative with the police officer, you may want to request a waiver hearing so that the police officer does not appear. A waiver hearing admits guilt and the only issue is sentencing.

There is an old bench warrant for my arrest. What do I do?

An attorney can file a motion to quash the bench warrant. These motions are usually granted in which case the matter is set for trial.

If you have a question not listed here, please feel free to reach out to me and I would be happy to respond.