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".
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 »
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?
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.
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 »
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.
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 »
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 »
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 »
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?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.