Get free answers to your legal questions from lawyers in your area.
How early can you get out of prison on this charge if you have good behavior?
answered on Nov 16, 2020
3 years for DUI and 3 more years for GBI, so 6 years. However, GBI makes the offense a violent strike subjecting the defendant to 15% good time work time only (unlike 50% for regular a DUI).
if found innocent in court am i responsible for emergency response bill even though i was in a accident by myself.
answered on Aug 27, 2020
In that situation, you would not have to pay the emergency response cost. (see GC 53150 and CHP v. Sup Court, a 2006 case). This requirement to pay is mostly for DUI + accidents or DUI + blocking roads etc. Look at the statute, it specifically requires being "under the influence".
He’s already completed everything he needed to do and paid all his fines. he just needs to get SR-22 and reinstate his license. are we able to move out of california and still be able to do so?
answered on Jun 12, 2020
You can move out of state as long as he is not on a felony probation. Being on summary (usually misdemeanor) probation has no affect on your ability to move out of state (or even out of the country).
I have never had a Class A license before
answered on May 18, 2020
I disagree with the previous answer. 2 DUIs will disqualify a person from holding a commercial license. The disqualification is for life. See California Vehicle Code section 15302.
From interlock company what you say in hearing
answered on May 18, 2020
2 DUI suspension will cause a 2 years license suspension, however, you are eligible for a restricted license with an IID (see CVC 13352(a)(3)). DMV should have notified you.
.....
answered on Mar 17, 2020
What medical reasons are those? Veterans and active-duty military can apply for a diversion based on PC 1001.80 if they can connect the offense to sexual trauma, PTDS, TBI, or mental health issue related to their service in the military. There is also mental health diversion under PC 1001.36,... View More
My son has been in jail since November. He was arrested for his 3rd DUI in Sonoma County. The deal was that he does half of his sentence and then does the DUI program. The court messed up and is making him do his whole sentence and still do the program. What can we do?
answered on Mar 6, 2020
You should contact your son's attorney so that he can calendar the case and tell the court the problem. You should also call the jail and tell them that you think your son is overdetained and have them release him asap
I get a background check from the Doj thru gambling commision every 2 yrs and passed been working same job 9 years but i want to get a notary license is that possible or did i take the 6 hour class for nothing.
answered on Feb 23, 2020
Since you were able to pass the background checks, it sounds like the DOJ database does not match your name to your record in Texas. I believe that the same DOJ database will be used to check your background record for notary public and you will pass it just like you passed the gambling... View More
12500(A) MISD DRIVE W/O LIC
23152(A) MISD DUI
23152(B) MISD DUI ALCO/0.08 PERCENT
answered on Nov 21, 2017
Hello, The federal regulations do allow a cancelation of any visitor's visa upon a conviction or even an arrest for any offense. Therefore, legally, her status can be affected even if she never goes to court. Unfortunately, I am not certain about the odds of that happening. Sorry.
answered on Sep 13, 2017
Under the California law, if you are arrested for a DUI, your license has to be confiscated by the arresting officer. Instead of your driver's license, the arresting officer will issue you a temporary driver's license good for 30 days. After the 30 days, your driver's license will... View More
answered on Sep 2, 2016
First offense DUI could result in loss of driver's license and a possible jail time of up to 6 month in the county jail. But most first time offenders do not serve any jail time
answered on Apr 21, 2016
First, you need to find out if Puerto Rico offers classes in DUI/alcohol abuse education. If they do, next, you would ask the California court to permit you to complete your DUI class in Puerto Rico. If the court grants your request, then you would simply file a completion certificate from Puerto... View More
He is currently serving 15 years in Huntsville, TX. prison and on year 13 and they took him and added 4 more years for this felony. What about the statute of limitations?
answered on Apr 21, 2016
The statute of limitation stops running at the time bench warrant is issued. If the court did not issue the bench warrant until 2007, the court would lose its jurisdiction over the case and you would have a good argument about the statute of limitation. Check when the case was filed and if it is... View More
About a month ago I got pulled over at 2 in the morning for making a left turn on a red light and not having a license. I am currently 17 but will be 18 by my court date, should I fight it even though I'm guilty? What are my best options?
answered on Apr 1, 2016
Hello. Since you are asking a lawyer, I assume the question has nothing to do with your internal moral struggles. From a legal perspective, strategically, if you are trying to keep your record clean, it is far better to fight your case even if you believe you are guilty. For example, if you get... View More
answered on Apr 1, 2016
Hello. Probably so. Unfortunately, the age of the suspension is not the only thing that matters in a DUI related suspension. For example, if the suspension is based on your failure to comply with a DMV order, you might not get your license back until you comply. Best approach is to calling the... View More
I live in CA. Not sure how to get a license here. DUI in IL w AZ license in 05. Just paid off my fine completing all requirements. Not sure where to start
answered on Apr 1, 2016
Hello. You need to start by contacting California DMV and clarifying if IL suspended your license. You can call mandatory action unit to answer this question. Their number is 916-657-6525. If your license is suspended by IL, you need to contact IL DMV to see what is required to reinstate your... View More
DUI (3rd) Got another one 2 months later (4th).
answered on Apr 1, 2016
Hello, There is a high chance that the prosecution will be aware of your new case. Whether or not the same prosecutor will be assigned to your case will depend on the jurisdiction of your new offense and the resources that the prosecution office has. For example. car thefts, are often handled by... View More
Now it has been brought to my attention that the girl that was driving has a lawyer that said I am a co defendant with a possesions case. She said there was no police report so I don't know what or how I can be charged with a possesions case when I have never been charged with anything or... View More
answered on Mar 24, 2016
Hello. Unless you are charged with a crime on the same complaint, you are not a co-defendant. Check the complaint filed against the arrested girl, your name should not be there. As far as the police report, there must be a police report to prosecute her for a DUI or you for possession. The... View More
Is Northern California different from Southern California? Will the courts know you had a DUI in Southern California
answered on Mar 17, 2016
Hello, Unfortunately, it will show as a 2nd DUI because DUIs in California are priorable for 10 years offense date to offense date.
The gas moped doesn't require a license by state law.
answered on Mar 17, 2016
Hello. In California, a moped is different then a motorized bicycle does require an M1 or M2 license. Driving a moped without a license is a crime and can be a violation of probation. If however, you are driving a motorized bicycle with an engine of less then 1,000 watts and with speed that can... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.