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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 most likely be... 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 arrested... 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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