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California DUI / DWI Questions & Answers
3 Answers | Asked in DUI / DWI for California on
Q: A relative had DUI about 10+ years ago. Attended AA meeting, however never turned in completion to court.

Applied for AB 60 license and got approved. Now dmv is requesting proof of that but it’s been more than 10 years and there’s no proof of paper trail? A.A. meeting office no longer available What to do next?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 21, 2023

If your relative is being asked by the DMV to provide proof of completion of the AA meeting requirement for their DUI, but there is no paper trail or documentation available, they may want to consider taking the following steps:

Contact the court: If the DUI case was handled through the...
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2 Answers | Asked in DUI / DWI for California on
Q: How do I find out what happened at a DUI arrignment in California
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 21, 2023

In California, you can find out what happened at a DUI arraignment by requesting a copy of the court transcript or accessing the court record online. Here are the steps to follow:

Contact the court clerk: You can contact the court clerk of the court where the arraignment took place and...
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2 Answers | Asked in DUI / DWI for California on
Q: Alright so my dad has many dui offensives to the point he can’t have an license and he still drink and drives till this

Day. What if I register his car in my name and he kills somebody drinking and driving then flees

James L. Arrasmith
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answered on Mar 15, 2023

Registering your dad's car in your name may not absolve you of any potential legal liability if your dad causes harm to someone while driving under the influence of alcohol. If your dad causes an accident and injures or kills someone, you and your dad could both be held liable for any damages... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: What are the consequences for getting an underage drinking ticket while on informal probation for a DUI?
James L. Arrasmith
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answered on Mar 15, 2023

Getting an underage drinking ticket while on informal probation for a DUI can have serious consequences, including:

Probation violation: An underage drinking ticket may be considered a violation of your informal probation for the DUI, which can result in more severe consequences, such as...
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1 Answer | Asked in DUI / DWI for California on
Q: I got a DUI and am under informal probation. What happens if i get an underage drinking ticket not arrested just ticket?

If i’m going to school in madison and a bar gets raided that I’m at and they give out over 130 underage drinking tickets am I going to jail or does that count as a violation of probation or just a fine I have to pay?

James L. Arrasmith
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answered on Mar 15, 2023

Violating probation terms, such as getting an underage drinking ticket, could result in consequences such as having to pay fines, community service, attending alcohol education classes, or even revocation of probation. Depending on the severity of the violation, you may also face additional legal... Read more »

3 Answers | Asked in DUI / DWI and Legal Malpractice for California on
Q: Would it be legal for a DUI attorney to also own and operate an Interlock Rental business?

Dui attorney who also owns and operates an Interlock ignition rental business. Conflict of interest?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 10, 2023

In California, an attorney is prohibited from engaging in business transactions with a client unless certain requirements are met. Specifically, California Rules of Professional Conduct Rule 3-300 states that an attorney shall not enter into a business transaction with a client unless:

The...
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7 Answers | Asked in DUI / DWI for California on
Q: I initially got pulled over running a yellow light then turn into a DUI. Can I fight the initial pullover dismiss the DU

Or fight DUI they forced a blood test telling me they can get a warrant for it.

Thomas M. Fleming
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Thomas M. Fleming
answered on Mar 9, 2023

Yes, you can and should fight it for the detention issue and the blood sample issue! I suggest you contact and retain an experienced DUI attorney in your area. I wish you the very best with your case!

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7 Answers | Asked in DUI / DWI for California on
Q: I initially got pulled over running a yellow light then turn into a DUI. Can I fight the initial pullover dismiss the DU

Or fight DUI they forced a blood test telling me they can get a warrant for it.

Aaron R. Bortel
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Aaron R. Bortel
answered on Mar 9, 2023

A suppression motion under Penal Code section 1538.5 can be brought and we would get a hearing in the legality of the stop and arrest. The arresting officer would need to get on the stand and testify and we get to cross examine them on the procedures and legality issues.

The forced blood...
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1 Answer | Asked in DUI / DWI and Traffic Tickets for California on
Q: Points off driving record

I'm trying to figure out when do points "fall off the record", when does the time starts counting, from the time a person is convicted or from the time the citation was issued? Thank you

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 20, 2023

In California, points on a driving record are accumulated when a person is convicted of certain traffic violations. The number of points assessed for each violation can vary, but generally range from 1 to 2 points for minor infractions, up to 3 to 4 points for more serious offenses.

Points...
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3 Answers | Asked in Criminal Law, DUI / DWI, Family Law and Civil Rights for California on
Q: Hello, I believe that my Wife's civil rights were violated, looking for some guidance to get her on the right Track

My wife has a disease that causes her to not be able to make saliva. Sometimes causing her speech to slur and difficult to understand. She took my son to school, went into the office to request his attendance record, but the principal locked her in the office, suspecting intox and called the police... Read more »

James L. Arrasmith
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answered on Feb 20, 2023

I'm sorry to hear about the situation that your wife and family experienced. If you believe that your wife's civil rights were violated, there are several steps that you may want to consider taking:

Document the incident: It is important to gather as much information about the...
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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Can I sue CHP for laying for laying out spike strips on the freeway and we ran it over? We weren’t the intended target.

Apparently there was a high speed chase not sure why the spikes were layer out and chp was no where in sight. So had no choice but to pull over to the shoulder and called for tow. While waiting CHP arrived on scene, instead of asking if everything was okay they asked have we’ve been drinking and... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 19, 2023

It is possible to file a lawsuit against the California Highway Patrol (CHP) for damages resulting from laying spike strips on the freeway. However, in order to be successful in a lawsuit, you would need to prove that the CHP was negligent in their actions and that this negligence caused your... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: Do I have to handle a fta warrant before i do SATOP classes to get my license back

I live in California and cant go to Missouri to handle the warrant, I am trying to get my license here but have to do a SATOP equivalency class to get the hold off my license. Do I have to handle the warrant and case first? Can I go ahead and do the classes and get my license back

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 20, 2023

It is important to address any outstanding warrants before attempting to resolve your license suspension or reinstatement. If you have a failure to appear (FTA) warrant, it is possible that it could affect your ability to complete the SATOP equivalency classes or obtain a valid driver's... Read more »

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2 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: When do points "fall off" the DMV record

I'm trying to figure out when do points "fall off the record", when does the time start counting, from the time a person is convicted or from the time the citation was issued? All I know that in CA it's 3 years and 3 months, but when does the time start counting exactly, so they... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jan 25, 2023

The points accrue (go on your record) when the conviction occurs, meaning that, until you are convicted the points aren't on your driving record, the three years starts running at the point you are convicted.

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2 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: When do points "fall off" the DMV record

I'm trying to figure out when do points "fall off the record", when does the time start counting, from the time a person is convicted or from the time the citation was issued? All I know that in CA it's 3 years and 3 months, but when does the time start counting exactly, so they... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Feb 20, 2023

In California, points on a driver's license start counting from the date of the conviction, not the date the citation was issued. The points will remain on the driving record for three years from the date of the conviction, and then they will be removed.

It's important to note...
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2 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: Do points on my CA DL stay 3 years and 3 months after the conviction date in court or the time had been started counting

once I received a citation?

I'm sorry, I believe my question has been wrongly structured,

I'm trying to figure out when do points "fall off the record", when does the time starts counting, from the time a person is convicted or from the time the citation was issued? Thank you

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jan 25, 2023

Any points that are placed on your driving record start when you are convicted, not cited.

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2 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: Do points on my CA DL stay 3 years and 3 months after the conviction date in court or the time had been started counting

once I received a citation?

I'm sorry, I believe my question has been wrongly structured,

I'm trying to figure out when do points "fall off the record", when does the time starts counting, from the time a person is convicted or from the time the citation was issued? Thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Feb 20, 2023

In California, the three-year period for points to "fall off" a driver's record begins on the date of the conviction, not the date of the citation or violation. The conviction date is the date the court enters the judgment, which may be different from the date of the citation or the... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: DUI dating back to 2011. Should I wait the 10-year period?

LICENSE STATUS:

SUSPENDED OR REVOKED*

DEPARTMENTAL ACTIONS:

PRROF REQ: O/01-24-14 * TERM - - *

DRV LIC COMM- DISQ * * eff: 05-09-11 * THRU:05-08-12 * ORDER MAIL: 04-29-11*

AUTH: 15300A9* SERVICE: M / 06-19-15* STATE CALIFORNIA*

CONVICTIONS:... Read more »

Richard L. Grant
PREMIUM
Richard L. Grant
answered on Jan 24, 2023

If you have paid your fine, completed 3 yr or 5 year Informal Probation, completed alcohol classes, and completed Victim Impact Class (Mothers Against Drunk Drivers), you need to hire an Criminal/DUI Defense Attorney to file Motion to Expunge the DUI Conviction. I do them quite frequently where a... Read more »

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2 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: CA ATTY's :Is an SR22 start date the date of admin suspension received from the DMV or the date of court conviction?

Admin suspension effective March 20 2020. Date of court conviction 6/20/2022. Been carrying an SR22 since March of 2020 so the removal date would be Mar/April 2023 if it began at the DMV admin suspension. (All DMV fines and reinstatement fees have been paid)

Does the SR22 clock reset on... Read more »

Alison Lee Bermant
Alison Lee Bermant
answered on Jan 16, 2023

It is 3 years from the date you reinstated your driving privilege. You can always call the DMV Mandatory Actions Unit to confirm the exact date that happened.

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1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: If a judge makes a deletion to your "sentence" and probation for a DUI, how does the DMV get those records?

I wrote letter to judge and he "deleted" all applicable requirements, including probation. Also wrote No Addendum Needed.

Dale S. Gribow
Dale S. Gribow
answered on Dec 26, 2022

your underlying lawyer should be able to assist you.

however, please remember there are 2 separate entities and DMV does not have to follow the court, and visa versa.

1 Answer | Asked in Contracts, Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: CA ATTORNEYS: Can an attorney assign or "refer" a case to another attorney without notification to the client?

What are the ethical obligations for client assignation and/or referrals?

Is contracted attorney required to inform client a different (non staff) attorney will argue and negotiate their case?

Details: small firm specializing in serious traffic cases. (DUI, felony speeding,... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 12, 2022

more info is needed.

many criminal lawyers have a provision in their retainer that they can associate with another criminal lawyer.

were the other lawyers from the same firm?

were they appearance lawyers just appearing to continue THE CASE?

in any event they could...
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