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California DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for California on
Q: Can I get a wet reckless charge instead of a dui charge?

I have only had my arraignment but my BAC was 0.12 and I have already taken AA classes. Can my attorney be able to reduce my charges from a DUI to wet reckless?

James L. Arrasmith
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answered on Dec 23, 2023

In California, a "wet reckless" charge is a common plea bargain in DUI cases, particularly for first-time offenders or where the evidence may not strongly support a DUI conviction. This charge is formally known as a reckless driving involving alcohol charge.

Your Blood Alcohol...
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3 Answers | Asked in DUI / DWI for California on
Q: got a dui in September, plead not guilty on my arraignment hearing. I was 0.12 bac, complaint and first offense.

decided to go to a little kickback after a long time. officer said i was swerving but i know i was not because i knew where i was going, where i was going and with who. never have i broken any laws (nor do i plan to) and feel scared. i am an university student about to enter their last semester.... View More

James L. Arrasmith
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answered on Dec 21, 2023

Under California law, facing a DUI charge as a first offense with a BAC of 0.12 can have significant legal and personal consequences. Your academic and future professional life could be impacted, especially if your career requires a clean criminal record or involves driving.

During your...
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3 Answers | Asked in DUI / DWI for California on
Q: got a dui in September, plead not guilty on my arraignment hearing. I was 0.12 bac, complaint and first offense.

decided to go to a little kickback after a long time. officer said i was swerving but i know i was not because i knew where i was going, where i was going and with who. never have i broken any laws (nor do i plan to) and feel scared. i am an university student about to enter their last semester.... View More

Richard L. Grant
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Richard L. Grant
answered on Dec 21, 2023

A DUI conviction remains on your record for 10 years, causes greatly increased Insurance Rates, and may affect you in future employment opportunities.

Best course of action is to hire an experienced DUI Defense Attorney, you can afford, to aggressively defend you in an attempt to Dismiss...
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3 Answers | Asked in DUI / DWI for California on
Q: got a dui in September, plead not guilty on my arraignment hearing. I was 0.12 bac, complaint and first offense.

decided to go to a little kickback after a long time. officer said i was swerving but i know i was not because i knew where i was going, where i was going and with who. never have i broken any laws (nor do i plan to) and feel scared. i am an university student about to enter their last semester.... View More

Thomas M. Fleming
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answered on Dec 21, 2023

The good news is that you have a moderate alleged BAC. A criminal conviction, depending on whether it's a DUI conviction, or something lesser, can affect your employment, your driver's license status and many other things. Find the best attorney you can right now to help you and protect... View More

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3 Answers | Asked in Car Accidents, Divorce, DUI / DWI and Family Law for California on
Q: Not divorced yet but wife wrecked car in DUI. Vehicle is in my name but I don’t want to report it to insurance she does
William John Light
William John Light
answered on Dec 19, 2023

Whether she reports the damage to the insurance company isn't really up to you. She was driving with permission, as such she is an insured under the policy. The premiums for that policy presumably come from community property funds. The payments for the car presumably come from community... View More

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3 Answers | Asked in Car Accidents, Divorce, DUI / DWI and Family Law for California on
Q: Not divorced yet but wife wrecked car in DUI. Vehicle is in my name but I don’t want to report it to insurance she does
James L. Arrasmith
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answered on Dec 19, 2023

In California, when facing a situation where a spouse is involved in a DUI accident with a vehicle registered in your name, there are several legal considerations to keep in mind. First, it's important to understand that as the registered owner, you could potentially be held liable for damages... View More

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3 Answers | Asked in Car Accidents, Divorce, DUI / DWI and Family Law for California on
Q: Not divorced yet but wife wrecked car in DUI. Vehicle is in my name but I don’t want to report it to insurance she does
T. Augustus Claus
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answered on Dec 19, 2023

Financially, if the vehicle is in your name, you're responsible for repairs or replacement after a DUI-related accident. Reporting it to insurance may cover the damage, but your premium might increase. Your wife could face fines and license suspension, impacting joint finances. Legally,... View More

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3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Car Accidents for California on
Q: there any law in California where you can be charged for something another vehicle possibly a friends/families vehicle?

I constantly see videos where street racing cars get pulled over or a motorcycle group is being chased by police and police only pulls one of them over but typical the one getting pulled over is the only one NOT doing what the others are doing such as speeding, swerving threw traffic, or doing... View More

James L. Arrasmith
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answered on Dec 2, 2023

Under California law, individuals are typically responsible for their own actions while operating a vehicle. You cannot be legally charged for traffic violations committed by others, even if they are friends or family members. If you are part of a group, such as a motorcycle convoy, and others in... View More

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3 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: In California how far back does a live screen background check go?

I have 2 misdemeanors and a dui was wondering how far back a live scan goes because I want to become a CNA and they require a live scan before enrollment.

Bart Kaspero
Bart Kaspero
answered on Nov 27, 2023

For any license or credential given by an agency in CA, any livescan will pull up a person's entire criminal history as it is stored in the DOJ repository. However, agencies prefer to see cases that have been expunged or sealed for dozens of reasons. If the 2 misdemeanors and DUI you have in... View More

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3 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: In California how far back does a live screen background check go?

I have 2 misdemeanors and a dui was wondering how far back a live scan goes because I want to become a CNA and they require a live scan before enrollment.

James L. Arrasmith
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answered on Nov 27, 2023

In California, a Live Scan background check typically includes criminal history information that can go back indefinitely. However, for employment purposes, there are restrictions under California law regarding how far back an employer can consider criminal history.

The California...
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2 Answers | Asked in Criminal Law, DUI / DWI, Car Accidents and Personal Injury for California on
Q: Is an IID required despite it not being court ordered and wasn't mentioned until trying to reinstate driver's license?

My partner was charged with a misdemeanor DUI with bodily injury (me) in 2021. He was ordered by the court to 3 days in jail, a fine, DUI classes and 1 year license suspension. All of which he completed. When he went to reinstate his driver's license, DMV said he needed to contact the MAU.... View More

James L. Arrasmith
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answered on Nov 11, 2023

Under California law, even if an Ignition Interlock Device (IID) was not mandated by the court, the Department of Motor Vehicles (DMV) may require it as a condition for reinstating a driver's license after a DUI conviction. This is especially true in cases involving DUI with bodily injury. The... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: I surrender on 10/30 for a 15-day sentence. Judge converted my community labor & fees into jail time.

1st time offender, misdemeanor DUI. Completed the 9-month program, M.A.D.D., & paid restitution. Due to my job, finances, and not having a car I haven't been able to complete labor. I asked the judge to convert my fees & labor to jail. How much time do you think I will serve in LA County Jail?

James L. Arrasmith
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answered on Oct 21, 2023

In Los Angeles County, inmates serving time for misdemeanor offenses typically do not serve their full sentence due to jail overcrowding and other factors. The actual time served can vary, but often, inmates might serve as little as 10% to 20% of their sentence. Given you've been sentenced to... View More

3 Answers | Asked in DUI / DWI, Car Accidents and Contracts for California on
Q: can i sue or process a claim towards Hertz Car Rental.

On 06-06-2021, a drunk driver with a rental car from hertz hit me, he was taking into custody and months later was made to under pay me. rental company Hertz denied the claim becuase the rentee didnt return the car on time, i was paid less then $2000 for car damages from the drunk driver out of... View More

James L. Arrasmith
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answered on Sep 8, 2023

Under California law, you may have a potential legal claim against Hertz if their rental car was involved in an accident that caused you harm. It's essential to consult with a personal injury attorney to evaluate your specific case, explore potential avenues for compensation, and determine if... View More

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3 Answers | Asked in DUI / DWI, Car Accidents and Contracts for California on
Q: can i sue or process a claim towards Hertz Car Rental.

On 06-06-2021, a drunk driver with a rental car from hertz hit me, he was taking into custody and months later was made to under pay me. rental company Hertz denied the claim becuase the rentee didnt return the car on time, i was paid less then $2000 for car damages from the drunk driver out of... View More

William John Light
William John Light
answered on Sep 8, 2023

No, you cannot. 49 U.S.C. § 30106, the Graves Amendment, preempted state laws that made rental vehicle owners' liable for the permissive use of the vehicle. Rental companies do not carry that liability and are not responsible for their renter's negligence, unless you can find some... View More

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1 Answer | Asked in DUI / DWI and Internet Law for California on
Q: I have old YouTube videos of me doing some illegal activities they are 8 years old could I get charged or in trouble now

I have some old videos on YouTube 8 years old and Iam doing some illegal activities in them , is there somthing like ,”that after a certain amount of time passes I can’t get in trouble” , or or can police find the videos and create a a case? Even tho it was 8 years ago

James L. Arrasmith
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answered on Aug 29, 2023

The statute of limitations for criminal offenses in California varies depending on the type of crime, but some crimes have statutes of limitations that could exceed 8 years. Generally, the clock starts ticking when the crime is committed, although there are exceptions that could extend this period.... View More

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: public defender didn't file motion to withdraw plea, neither did a hired attorney. i have surrender date. what can i do?

probation violation case. informed both public defender and private attorney with more than a months' notice to withdraw plea. The public defender initially bullied and intimidated me into the plea after i had asked her numerous times to take the case in front of the judge. the hired attorney... View More

James L. Arrasmith
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answered on Aug 20, 2023

In this situation, you should immediately seek legal assistance to file a motion to withdraw your plea. Present the evidence of your attempts to communicate your desire to both attorneys and their lack of action. The court may consider these factors when deciding whether to allow you to withdraw... View More

2 Answers | Asked in DUI / DWI for California on
Q: My husband got a DUI in Colorado in 2016. We live in California and he never appeared in court. What should he do?
James L. Arrasmith
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answered on Jul 30, 2023

If your husband received a DUI in Colorado in 2016 and never appeared in court, he should immediately consult a California attorney with experience in DUI and interstate legal matters to assess the situation and determine the best course of action. Failing to appear in court can result in serious... View More

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2 Answers | Asked in DUI / DWI for California on
Q: Blood vial used for dui

I was given a blood test from a new nurse at the hospital for possible dui. I was seated, the officers were across standing over and watching. I remember clearly the vial used for my blood was empty, I remember the nurse was asking the other nurse “hey is this enough” when she was collecting... View More

Jeff  Yeh
Jeff Yeh
answered on Jul 6, 2023

If there are no preservatives, then the alcohol content will multiply over time. So the BAC in the report won't match the BAC of a re-test. Remember you have the right to have the blood re-tested by your own expert. You will want to hire a lawyer for that.

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2 Answers | Asked in DUI / DWI for California on
Q: Blood vial used for dui

I was given a blood test from a new nurse at the hospital for possible dui. I was seated, the officers were across standing over and watching. I remember clearly the vial used for my blood was empty, I remember the nurse was asking the other nurse “hey is this enough” when she was collecting... View More

James L. Arrasmith
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answered on Jul 6, 2023

If you have concerns about the way your blood was collected for a DUI test, it's important to consult with a qualified attorney who specializes in DUI cases. They can evaluate the specifics of your situation, including the procedures followed during the blood collection, and determine if there... View More

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3 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for California on
Q: Can I be charged with drunk in public with no breathalyzer or sobriety test done?

I am also a 4th waiver! I didn’t refuse any testing, it was just never done.

James L. Arrasmith
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answered on Jun 26, 2023

The specific laws and procedures regarding charges of public intoxication without a breathalyzer or sobriety test can vary, but in some cases, individuals can be charged based on observations and behavior alone. While a breathalyzer or sobriety test can provide objective evidence, they are not... View More

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