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.
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
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
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
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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