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Questions Answered by Phil Hache

3 Answers | Asked in DUI / DWI for California on

Q: Should I fight my DUI case

I am 19 years old I got the DUI 5 days ago. I was on the side of the road with my hazard lights on(did not get pulled over). CHP approached me and ask if I was drinking I said "no". They smelt alcohol in my car and asked me to perform some test. I know I passed all of them. However, I did not pass... Read more »

Phil Hache answered on Jan 14, 2019

Some things do not add up. You wouldn't call DMV to get a Court date, but you would call DMV to challenge an otherwise likely automatic driver's license suspension based on this citation for under 21 DUI. Based on what you wrote, it sounds like the Officer cited you with a VC 23136. Under 21... Read more »

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3 Answers | Asked in DUI / DWI for California on

Q: I blew a 0.09 and got a dui what are the chances of me getting it reduced to a wet and reckless im in nursing school and

A dui would prevent me from being able to get my nursing license for 10 years. This is my first offense

Phil Hache answered on Jan 14, 2019

It is possible to get a DUI reduced to a lesser charge or completely dismissed even with much higher BAC readings. There are a lot of variables and a lot of potential defenses to DUI charges that can be exploited with a knowledgeable DUI defense attorney. I would need to know more specifics about... Read more »

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3 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on

Q: Can the penal code on a citation be changrd or altered after the citation is given?

Original citation 23152 (a)

3 weeks later da changed to 2011 (a)

Issued a bench warrant and never notified me of bench warrant.

Original court date 12/20/2018.

I was informed I could have been arrested if an officer chose to.

12/21/2018 thank you for the... Read more »

Phil Hache answered on Jan 14, 2019

Yes, it is possible to get cited or arrested for something, and when the prosecutor files charges there more charges or different charges than what was on the initial citation. Contact an Attorney in your area to discuss your situation further if you have not done so already.

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