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I got in an accident not at fault right by my house. I went home to check in before the police arrived. I was in shock and had a couple shots to calm my nerves not thinking I would be breathalyzer since I wasn't at fault. I know stupid. When giving police report I mentioned I had a couple... View More 
answered on Nov 4, 2021
The statements, regardless of whether they are included in the police report, will likely not affect the charges you face, nor the settlement offers you receive. You should probably contact a local DUI defense attorney to discuss the best way to proceed in your case, they can help you develop the... View More
Involved in a single car accident, nobody was hurt. i admitted to the officer that i had a drink that night. he gave me a field sobriety test and i passed, he said “i’m not being arrested for DUI” i got a infraction for an unsafe lane change. the officer didn’t do any blood work or... View More
answered on Oct 28, 2021
If there's no chemical test it's very difficult to prosecute you for DUI, especially if you passed the FST's. If you want to fight the infraction, have at, it would be difficult for anything to be added to the case.
answered on Oct 8, 2021
Generally, yes, there are exceptions, you should contact a lawyer to discuss possible representation at that time they should be able to tell you what they can do to help you, including going to court on your behalf.
At my California DMV DUI hearing, my license was revoked for 1 year, due to the fact the officer stated I refused a blood test (though 100% false. Regardless is there any way for me to get a restricted license for work, medical, food, and transporting my children to/from school?
answered on Oct 6, 2021
No, a finding of refusal by the DMV results in a one year "hard" suspension, you should have been advised of that possibility when you were offered the test.
I violated my court probation by “attending a illegal motor vehicle contest” they gave me a ticket for spectating.
My original offense was for a dui. Which occurred at the beginning of 2020.
- I was within 300 feet when the police stopped me, but they had the whole intersection... View More
answered on Oct 5, 2021
As part of your probation you were told to "lead a lawful life", this is potentially a probation violation. That being written, you probably have nothing to worry about regarding a probation violation, however you can contact a local criminal defense attorney (or maybe the one you hired... View More
answered on Oct 4, 2021
No, if they weren't felonies to start with they aren't felonies now. However, obviously, if one of them (or both) were felonies, then yes they remain felonies.
This is meant to clarify my previous question which Dale S. Gibow was kind enough to answer. Thank you.
I think his answer told me yes because my breathalyzer was voluntary but i wasnt arrested after doing field sobriety tests and breath test. I apologize for not fully comprehending the answer.
answered on Jul 5, 2021
If you aren't arrested, there are no legal grounds for requiring a blood test as "implied consent" is triggered upon arrest. If you are arrested, you must consent to a sample of your blood or breath, if you don't the officer can request a search warrant and obtain a sample or... View More
I rear ended a car that was stopped on a dark part of a highway with its lights off in Half Moon Bay (San Mateo county). The other driver just screamed at the top of her lungs until she was in an ambulance. Paramedics told me shes perfectly fine, just in shock. Naturally they suspected i was at... View More
answered on Jul 5, 2021
Rear-ending a car is enough for the police to investigate the cause of the accident, if they think that impairment was a cause of the accident they can further investigate the sobriety of the driver(s) involved. If you were arrested (and a subsequent question suggests you weren't) you could... View More
Sorry for condensed above. I don't know if I have to put convicted of 23152ab or my plea shows pled not guilty.. nolo contendere. Then shows I was assigned probation. I just want to input everything correctly
answered on May 17, 2021
Yes, you were convicted of a DUI, a plea of "nolo contendre" is a plea of no contest which the judge should have advised you would be accepted as a plea of guilty by the court. Which count? Only you, your lawyer, the court or your paperwork know the answer.
What options does he have,he was assaulted by the arresting officer
answered on May 5, 2021
He can, and should, contact another lawyer for a second opinion before resolving his case.
my privilege to drive has been suspended for 21 years by dmv for a second dui despite i paid for my crime in jail and through fines etc. I'm in the classes dmv wants but i need something to be able to drive now . i'm desperate im the only one providing for my family due to covid. I work... View More
answered on Mar 4, 2021
You should call Mandatory Actions (1.916.657.6525) they should be able to tell you whether you are eligible for any sort of license, although in my experience you will likely be unable to get a license until you complete the program.
After googling I found it’s a year but I wanted to be 100% sure because today marks a year and I don’t know where to go from here:
answered on Mar 1, 2021
Assuming you're correct and it's a misdemeanor, the statute of limitations is one year from the date of arrest. You should call the court and confirm that no charges have been filed, tomorrow.
First DUI with BAC .09%. Due to COVID, i never saw my attorney or got the opportunity to appear in court. Questions and concerns often went unanswered and I was often told "don't worry about that right now". I knew I was being offered a plea deal of wet reckless, but wasn't... View More
answered on Feb 3, 2021
It's impossible to know whether your "deal" was good or bad as it depends on the facts of your case. Simply because you had a low blood alcohol concentration doesn't mean your facts were good, there are many "enhancements" that increase the potential punishment for a... View More
14 months ago I was WRONGFULLY arrested for DUI of RX medications (under supervision of all DOCS involved) 100% PASSED EVERY field sobriety test performed and was still arrested. I am a 63 yrs old female and a business professional my entire life, mostly for CVS pharmacy, rarely drink or a parking... View More
answered on Jan 21, 2021
Bring documentation supporting your financial situation and ask for a Public Defender. Be advised that simply because your taking prescription medicines doesn't prevent the prosecutor from moving forward with DUI charges, even prescribed drugs can "influence" your driving, hence,... View More
I was convicted of a DUI in May of 2019 and I've already completed my alcohol classes, my community service, MADD, paid all my fines, and had a restricted license and a breathalyzer for 6 months so now the DMV reinstated my full license. The only thing I have left to complete is my Hospital... View More
answered on Jan 9, 2021
A lawyer can make that request on your behalf, the rub is whether the judge will actually make the modification.
Can this be thrown out .
answered on Jan 5, 2021
Probably not, however I had a case similar to yours (the officer left the sample on the roof of his car) and the prosecutor decided to spare the officer the embarrassment of telling the story in front of a jury by making an offer my client couldn't refuse. Hire a lawyer and see what happens.
answered on Dec 30, 2020
That's probably not going to do it for you. The 72 hours depends on numerous factors; you should probably contact a DUI defense attorney to discuss that possible issue and others relating to the stop, investigation and subsequent arrest.
Person was arrested for dui, trucked parked on private property. Person wasn’t caught driving. Sitting in his truck at liquor store. Now tow is $500 today .
answered on Nov 21, 2020
Generally, parking lots (while being privately owned) are deemed "public" and are subject to enforcement of laws as any public area. While the officers could have left your legally parked car alone, they also have the authority to tow it, and your case, they did.
answered on Nov 17, 2020
The prosecutor can proceed with either manslaughter or murder charges based on the facts and the jurisdiction.
How early can you get out of prison on this charge if you have good behavior?
answered on Nov 17, 2020
As the answers reflect, the duration of prison, if any, depends on the facts of the case and the final settlement or outcome following a trial.
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