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Questions Answered by David Dastrup
1 Answer | Asked in Traffic Tickets for California on
Q: People issued red light camera tix in LA can ignore them. Is this also true if you've already filed for an extension?

If someone receives a red light camera ticket in LA County, and then files for an extension, will they still be able to effectively ignore the ticket like those who did not file for an extension?

David Dastrup
David Dastrup
answered on May 23, 2017

If you take any court action, including an extension, and if you fail to appear thereafter, then the court may add an additional infraction of 40508 and a civil assessment and notify the DMV to suspended you license.

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: I got to do jail time from another state. I was an out of state visitor. How do I go about looking and asking?
David Dastrup
David Dastrup
answered on May 24, 2017

Ask the lawyer who represented you. This is the best starting point. Regardless, you would definitely have to get approval from the court where you were sentenced.

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3 Answers | Asked in Personal Injury and Criminal Law for California on
Q: If during a passionate discussion one person pokes the other person, is that considered a crime?
David Dastrup
David Dastrup
answered on May 24, 2017

It depends. Human contact is not a crime. Passionate discussion are not crimes. Poking can mean several difference things. For an extreme example, a person could have a passionate discussion on facebook and send a poke. I assume this is not what you mean, however, it makes the point that much more... View More

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2 Answers | Asked in Traffic Tickets for California on
Q: I got pulled over and I dont have a license. If I get it before court, do I still have to pay the fine
David Dastrup
David Dastrup
answered on May 24, 2017

There maybe a couple of violations alleged. Appearing before the court or not is necessarily related to whether or not you have to pay. If you fail to appear, then it gets worse. So you need to appear or have an attorney appear. If this is a non-criminal infraction, then you may be able to pay... View More

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1 Answer | Asked in Criminal Law and Business Law for California on
Q: Trying 2 get my life back after jail for att. Murder, & want to apply for a dealer's license, what is moral turpitude?
David Dastrup
David Dastrup
answered on May 20, 2017

Bad, something that is inherently bad--the bad cannot be removed. For example, theft is bad and against the law, but driving without a license is simply against the law. Generally, crimes that are dishonest or violent are crimes of moral turpitude.

State licensing boards are there to check...
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1 Answer | Asked in Criminal Law for California on
Q: Is a TacForce Spring assisted folding knife legal to carry in California?
David Dastrup
David Dastrup
answered on May 20, 2017

A spring-assisted pocket knife, that folds open, is very different from a "switch-blade." Most knives are legal but some must be openly carried, and carrying is different than brandishing a weapon, so you should be careful. Most small pocket knifes may be in your pocket.

1 Answer | Asked in Criminal Law for California on
Q: I called the national guard main number and the call turned into a emergency I need the transcripts now

How do I request or order transcripts it may be also available as a normal 911 call I mentioned I need to access this easy but they made it difficult for me

David Dastrup
David Dastrup
answered on May 16, 2017

It depends on how you fit in the case. Are you the victim, or the defendant, is there also a civil case, have charges been filed already.

Generally, in a criminal case, law enforcement does not simply provide information to the asker, and you do not have power of the court unless the court...
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2 Answers | Asked in Criminal Law for California on
Q: A and b criminal case get married how does that effect the case
David Dastrup
David Dastrup
answered on May 16, 2017

If two different criminal cases are put together, that creates different issues depending on the alleged crimes, whether there are co-defendants, .... It really depends and a vague questions can only be answered vaguely.

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2 Answers | Asked in Criminal Law for California on
Q: What are the necessary steps to submit a case for pre-trial diversion consideration in Los Angeles County?

Someone that I know was arrested and booked for a shoplifting misdemeanor in Los Angeles County, CA. I have read the CA Penal Code Section 1001.94 about the eligibility requirements for diversion and I believe this person would qualify. I have also read that it is possible to apply for diversion... View More

David Dastrup
David Dastrup
answered on May 16, 2017

You still need an attorney. It is not treated as an automatic right, and you may not qualify, and or the prosecutor might convince the judge not to grant it. In fact, some prosecutors have a blanket policy to object to the diversion. Regardless, representing yourself on a criminal case is a bad... View More

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2 Answers | Asked in Traffic Tickets for California on
Q: I received four correctable violations, two have been fixed the other two I haven't been able to because of finances?

I fixed the cracked windshield and brake light but have been unable to pass smog because I can't pinpoint the evap leak yet. I've tried multiple fixes first still no luck. I'm broke and can only afford to fix things one at a time when I can put together the money. Can I get an... View More

David Dastrup
David Dastrup
answered on May 16, 2017

If you cannot get is fixed, then you may never be able to. Certain smog violations need to be dismissed in court to avoid problems with the DMV smog referee, so if you are not hiring an attorney who can help and advise, then the safest bet is to fix what you have to fix anyways to keep your... View More

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1 Answer | Asked in Traffic Tickets for California on
Q: Court Supervision

I have CA license. I got ticket in Illinois. I temporarily live in Illinois. If I get court supervision for the ticket. Would ticket go off from CA driving record if I get no other ticket in supervision period and pay fine? Does California honor Illinois court supervision?

David Dastrup
David Dastrup
answered on May 12, 2017

It depends on what is court supervision. As to your particular term or literal meaning of "court supervision," that is not a term used in CA traffic court. Most judicial officers do not want to supervise any traffic case, then want them resolved and closed. Some Orange County judicial... View More

2 Answers | Asked in Criminal Law for California on
Q: What does it mean when the police booking has changed to no court dates and the bail went from 50,000 to 0?

There were two court appearances...

David Dastrup
David Dastrup
answered on May 10, 2017

Police may indicate a bail amount, but sometimes they release someone without bail and wait until the prosecutor sets a court date and may notify a defendant by mail. In some cases, the police originally indicate a felony with high bail, but then recommend a misdemeanor, which lowers the bail.... View More

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1 Answer | Asked in Traffic Tickets for California on
Q: On which ticket is more convenient to do traffic school?The recent one or the older one?How will this affect my license?

I got a speeding ticket on Feb 2017, I showed up to court and got until july to pay it. I still haven't payed it nor done traffic school. I got another speeding ticket a couple days ago, this time on May. The officer advised me to do traffic school on the recent one.

David Dastrup
David Dastrup
answered on May 10, 2017

Neither. Better to fight both tickets, possible for both to be dismissed or favorable resolution without traffic school.

Save traffic school for when you need it; don't use it as the first option.

1 Answer | Asked in Traffic Tickets for California on
Q: My dad received a red light ticket because I ran a red light while driving his car.

I paid for the ticket/traffic school, but then I realized that the ticket was never changed from being his responsibility to mine (his name/information is still listed on the ticket and on the court website). What am I supposed to do now? I don't want it to be on his record since he was not... View More

David Dastrup
David Dastrup
answered on May 9, 2017

An attorney would have been able to get this case dismissed for your dad. However, sounds like the case is closed out now. To address the issue you are discussing, to clear your dad's name, you may hire an attorney to do so. If an LA County case, you might have to write a letter to the court... View More

2 Answers | Asked in Criminal Law for California on
Q: What will happen if a 21 year old is blackmailed to buy alcohol for a 20 year old?

If a 20 year old blackmails a 21 year old for alcohol and the 21 year old is forced to buy it, will the 20 year old be convicted of blackmail or extortion? Or will the 21 year old be convicted of buying alcohol for a minor?

David Dastrup
David Dastrup
answered on May 9, 2017

Before anyone is convicted, there are several steps that happen first, such as police report, prosecutor files charges, go to court...

Here, it doesn't sound like that has happened. This is just hypothetical the way it is asked. However, if charges are being brought already, it...
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3 Answers | Asked in Criminal Law for California on
Q: My gf was arrested even though I didn't call the police and told them that I did not want to press charges.

I got into an altercation with my girlfriend and the police were called (not by me). There were no serious injuries or damage, just a bloody nose. When the officer arrived, he asked if I wanted to press charges and I told him no. But because she had been drinking, she could not drive herself home.... View More

David Dastrup
David Dastrup
answered on May 9, 2017

Extremely common situation, so much so that prosecutors expect the other person to not want to testify. They still file charges and proceed. You need an attorney to push for trial. However, the police probably took pics of bloody nose and statements. There are several issues here.

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1 Answer | Asked in Banking, Criminal Law, Federal Crimes and Identity Theft for California on
Q: Can a bank charge you for money that was deposit into account without knowledge or permission after they find it is fake

Account holder checks account to see if paychecks and or tax refund had been deposited. And finds that there had been funds added. Holder of account goes to bank after about a day and a half of money being deposited and withdrawals the money to pay bills and other things. About a week goes by and... View More

David Dastrup
David Dastrup
answered on May 8, 2017

Oversimplified possibilities: First, a person does not have a right to keep money that was never their money. But, if someone paid that person for a valid reason, and that someone paid with a fake check that essentially stole money out of another's account, then another should get their money... View More

1 Answer | Asked in Traffic Tickets for California on
Q: In CA paid ticket on Friday not enough money to pay for school. Able to go back Monday and pay? For insurance purposes

I paid for my traffic ticket on Friday but not traffic school cause I couldn't afford the addition $50 at the time.

Will I be able to go back on Monday to correct it? For insurance purposes?

David Dastrup
David Dastrup
answered on May 8, 2017

That depends. What did the court clerk say when you paid the partial amount. Some courts close the case if traffic school fee is not paid upfront at same time underlying fees paid.

2 Answers | Asked in Traffic Tickets for California on
Q: car towed for driving with suspended license. Was it mandatory to be towed for 30 days if suspended for unpaid tickets?

Is there any way I can get my car out of the towing place before the 30 days?

David Dastrup
David Dastrup
answered on May 8, 2017

The most likely chance of getting it out earlier is to get your license back and then go and ask the agency that had it towed.

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3 Answers | Asked in DUI / DWI for California on
Q: Is it legal for a job application to ask me if I've ever been charged with a DUI? The job doesn't involve driving.
David Dastrup
David Dastrup
answered on May 8, 2017

Yes and no. It depends on private or government/security clearance, etc., type of job you are applying for.

Generally, they should be asking if you have a pending case or if you have been convicted. Being charged is different than being convicted, and different than being charged and later...
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