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Questions Answered by Alexander Andryuschenko
2 Answers | Asked in DUI / DWI for California on
Q: I was charged with dui even though i was NOT intoxicated. Do i still have to pay emer. response bill if found innocent?

if found innocent in court am i responsible for emergency response bill even though i was in a accident by myself.

Alexander Andryuschenko
Alexander Andryuschenko 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".

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2 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: can my boyfriend and i move out of state if he got a DUI 3yrs ago?

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?

Alexander Andryuschenko
Alexander Andryuschenko 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).

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2 Answers | Asked in DUI / DWI for California on
Q: I received 2 DUIs with a month in 2013, very bad time in my life, is it at all possible for me to get a Class A license?

I have never had a Class A license before

Alexander Andryuschenko
Alexander Andryuschenko 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.

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2 Answers | Asked in DUI / DWI for California on
Q: second dui offense. Interlock eligibility? Reasons for ineligible

From interlock company what you say in hearing

Alexander Andryuschenko
Alexander Andryuschenko 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.

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3 Answers | Asked in DUI / DWI for California on
Q: What are the chances of having a 1st dui In california BAC .23 reduced or dismissed for medical reasons

.....

Alexander Andryuschenko
Alexander Andryuschenko 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,... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: Arrested for 3rd dui, already did half of his sentence, the court messed up, he’s still there. His deal was to do half.

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?

Alexander Andryuschenko
Alexander Andryuschenko 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

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2 Answers | Asked in DUI / DWI for California on
Q: I got dwi 25 years ago never finished my probation dont even remember how long it was for. in texas

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.

Alexander Andryuschenko
Alexander Andryuschenko 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... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: Hi, my gf is on riverside, she is mexican with legal visa, she was arrested, what are the odd if she plead gulty

12500(A) MISD DRIVE W/O LIC

23152(A) MISD DUI

23152(B) MISD DUI ALCO/0.08 PERCENT

Alexander Andryuschenko
Alexander Andryuschenko 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.

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7 Answers | Asked in DUI / DWI for California on
Q: At the time of my arrest, the officer said I had to contact the DMV within 10 days. Why?
Alexander Andryuschenko
Alexander Andryuschenko 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... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: How many times can I get a DUI without going to jail?
Alexander Andryuschenko
Alexander Andryuschenko 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

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2 Answers | Asked in DUI / DWI for California on
Q: Hi. I am taking dui classes in California. Can I transfer my classes to Peurto Rico? Do they offer DUI programs?
Alexander Andryuschenko
Alexander Andryuschenko 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... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: My brother was just taken by bench warrant and sentenced for a felony DWI's from 2004. Isn't there a 3 yr statute of lim

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?

Alexander Andryuschenko
Alexander Andryuschenko 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... Read more »

1 Answer | Asked in Traffic Tickets for California on
Q: should I fight my case at court? should I get my license before the date?

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?

Alexander Andryuschenko
Alexander Andryuschenko 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... Read more »

1 Answer | Asked in DUI / DWI for California on
Q: I got a dui in 1998 can I get my license back now
Alexander Andryuschenko
Alexander Andryuschenko 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... Read more »

1 Answer | Asked in DUI / DWI for California on
Q: Dui in 05 in IL with AZ lic. Did alcohol classes and got prob and ct sup. Just paid fine today. How do i reinstate lic

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

Alexander Andryuschenko
Alexander Andryuschenko 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... Read more »

1 Answer | Asked in DUI / DWI for California on
Q: If you have a pending trial for a case, and you commit the same thing. what are the chances of it being the same DA?

DUI (3rd) Got another one 2 months later (4th).

Alexander Andryuschenko
Alexander Andryuschenko 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... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: Hello I was in a dui accident as a passenger. I was not arrested and had nothing to do with the driver falling asleep

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... Read more »

Alexander Andryuschenko
Alexander Andryuschenko 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... Read more »

1 Answer | Asked in DUI / DWI for California on
Q: DUI in Southern California 6 years ago now I just got another DUI in Northern California. Will it show as 2 DUI or 1?

Is Northern California different from Southern California? Will the courts know you had a DUI in Southern California

Alexander Andryuschenko
Alexander Andryuschenko 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.

1 Answer | Asked in DUI / DWI and Traffic Tickets for California on
Q: Will i got to jail for driving a moped that doesn't require a licence..on a DUI probation?

The gas moped doesn't require a license by state law.

Alexander Andryuschenko
Alexander Andryuschenko 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... Read more »

1 Answer | Asked in DUI / DWI for California on
Q: I received a marijuana DUI just over 4 years ago. No alcohol involved. Never paid fine or did classes. Can I get license
Alexander Andryuschenko
Alexander Andryuschenko answered on Mar 17, 2016

Hi. In California a DUI conviction is a DUI conviction, no matter if it is for marijuana or alcohol. However, the suspension would be over by now and you should be able to get a license by walking into a DMV and paying reinstatement fee.

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