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7 Answers | Asked in DUI / DWI for California on
Q: I initially got pulled over running a yellow light then turn into a DUI. Can I fight the initial pullover dismiss the DU

Or fight DUI they forced a blood test telling me they can get a warrant for it.

Aaron R. Bortel
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Aaron R. Bortel
answered on Mar 9, 2023

A suppression motion under Penal Code section 1538.5 can be brought and we would get a hearing in the legality of the stop and arrest. The arresting officer would need to get on the stand and testify and we get to cross examine them on the procedures and legality issues.

The forced blood...
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4 Answers | Asked in DUI / DWI for California on
Q: Should I reinstate my license at first opportunity or wait for my court date?

My DMV 4-month suspension for a first time DUI charge will be concluding here in December. I’ve been driving with an IID restricted license since August and will be concluding a 4-month DUI class next Saturday, thus I should have all the prerequisites for reinstating my full license. However, my... View More

Aaron R. Bortel
PREMIUM
Aaron R. Bortel
answered on Nov 1, 2021

This is a question that needs to be discussed with your attorney as they have information about your court case that we do not possess. Under current DMV procedure, you do not get credit for APS IID restriction time if you later get convicted in court and DMV gives you a Mandatory Suspension. If... View More

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3 Answers | Asked in DUI / DWI for California on
Q: If someone had a DUI in another state, and then gets another DUI in California, what would most likely happen?

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Aaron R. Bortel
PREMIUM
Aaron R. Bortel
answered on Aug 25, 2021

In most cases you will be facing both charges in court and suspension from the CA DMV. Make sure you or your lawyer contacts DMV within 10 days of arrest to preserve your CA driving privileges while the Administrative Case is challenged. DMV uses a code system and if it picks up the out of state... View More

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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

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Aaron R. Bortel
PREMIUM
Aaron R. Bortel
answered on Apr 11, 2020

As pervious attorneys answering this question have stated, to get a reduced sentence on a .23 BAC for medical reasons is in almost every case not going to happen. In the last couple years the law has modified to allow courts help Military Veterans avoid a conviction through a diversion program.... View More

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