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Questions Answered by Thomas Vinson Nash
2 Answers | Asked in DUI / DWI for California on
Q: My husband got a DUI in Colorado in 2016. We live in California and he never appeared in court. What should he do?
Thomas Vinson Nash
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Thomas Vinson Nash
answered on Jul 30, 2023

It's best to contact a lawyer in the jurisdiction/area where your husband was arrested to get it cleared up.

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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

Thomas Vinson Nash
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Thomas Vinson Nash
answered on Nov 1, 2021

You may have to pay two reinstatement fees but it is definitely worth it to keep your license at this stage. Should you get caught driving without a license now, you are likely to be charged with CVC 14601.2(a), "Driving while suspended for DUI" even though you haven't been convicted... View More

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5 Answers | Asked in DUI / DWI and Employment Law for California on
Q: I am applying for teacher credential and my.dui paperwork shows pled nolo contendere and got probation misd DUI.. put?

Sorry for condensed above. I don't know if I have to put convicted of 23152ab or my plea shows pled not guilty.. nolo contendere. Then shows I was assigned probation. I just want to input everything correctly

Thomas Vinson Nash
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Thomas Vinson Nash
answered on May 17, 2021

A nolo or no contest plea is the same as a guilty plea for purposes of a criminal court. So you must divulge it. Depending on what County you were convicted in, you would be on either a three year or a five year probation. Most probably you were convicted of either 23152 (a) or 23152 (b), not both.... View More

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3 Answers | Asked in DUI / DWI for California on
Q: How can a person sue the dmv? (Asking for a friend) Pulled over on suspected dui Breath scored .039 & .037 Blood .02.

Administrative hearing found her guilty of denying chemical test even though she did not refuse urinalysis. PD stated "they were not set up for that"

DL suspended for 1 year

No court date set by DA

Thomas Vinson Nash
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Thomas Vinson Nash
answered on Jan 1, 2021

Your friend can go to the California state court and have a lawyer apply for a writ of mandamus, overturning the DMV's decision.

However I suspect that the DMV's decision was based on your friends refusal to take a test of her/his breath or blood. If your friend was properly...
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5 Answers | Asked in DUI / DWI for California on
Q: What is Max prison time if convicted of a drunk driving w/ great bodily harm charge?

How early can you get out of prison on this charge if you have good behavior?

Thomas Vinson Nash
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Thomas Vinson Nash
answered on Nov 16, 2020

Two three or four years in prison for DUI with injury and an additional three to six years in prison for great bodily injury.

Also fines and license suspension issues.

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2 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: A person is drinking and accidentally hits another person and puts that person in a coma, what are the charges?

Person in coma lives, wakes up.

Driver has a previous DUI charge.

Takes place in Los Angeles, California.

(*Note: this is research for a novel)

Thomas Vinson Nash
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Thomas Vinson Nash
answered on Nov 16, 2020

Most likely felony drunk driving with great bodily injury.

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4 Answers | Asked in DUI / DWI for California on
Q: What is a hung jury in ca.
Thomas Vinson Nash
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Thomas Vinson Nash
answered on Nov 1, 2020

In California a jury of 12 people must render a unanimous verdict to convict someone of a crime.

If the 12 people cannot reach a unanimous decision, it is a 'hung' jury, resulting in a mistrial.

The prosecution can refile the charges and prosecute again or attempt to...
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2 Answers | Asked in DUI / DWI for California on
Q: Can DMV just throw whatever amount of months they want me to do in alcohol and traffic classes if I served jail time.

2cd dui 18 years ago. Served 6 months in jail came out time served with nothing on me. Dui's are not on driving record. Iv never had a lisence at all. Dmv says oh wow ok just give me 3 months of classes then reinstate. A bit excessive on the punishment? I was never court ordered anything .... View More

Thomas Vinson Nash
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Thomas Vinson Nash
answered on Sep 14, 2020

DMV keeps a record of DUI convictions that may extend far beyond any print out you receive. DMV will generally demand that you take the classes that you were required to take after your DUI conviction, prior to obtaining a license, An 18 month class is required after a multiple DUI conviction. A... View More

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2 Answers | Asked in DUI / DWI for California on
Q: I was charged for a 3rd dui on october 2019 i was supose to be sentenced in April can they still make me go jail

Is there anyway i can avoid jail since we are in covid 19 pandemic.

Thomas Vinson Nash
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Thomas Vinson Nash
answered on Sep 10, 2020

It depends what County you were arrested in and/or reside in.

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4 Answers | Asked in DUI / DWI for California on
Q: recently got a dui marijuana, I was given my license back after the arrest, do I need to schedule a dmv hearing?

an attorney I spoke to said I do not need to because they gave me back my license and I would like to know if that is true. they did not give me a pink slip that says my license would be suspended, so I'm assuming that is true. please let me know.

thank you all, your answers have been... View More

Thomas Vinson Nash
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Thomas Vinson Nash
answered on Sep 1, 2020

No. DMV APS hearings are only for alcohol.

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4 Answers | Asked in DUI / DWI for California on
Q: I am being charged with a DUI and the city sent me a bill to cover expenses incurred by the P.D Emergency response. $806

I am going to court for this and have NOT been found guilty. Ive asked, e-mailed, and even wrote a letter to the city to stop harassing me. They continue to send letters stating that they will begin collection proceedings if i dont start making payments. What can I do?

Thomas Vinson Nash
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Thomas Vinson Nash
answered on Aug 27, 2020

If there was an accident, then there was a valid emergency response and you will ultimately have to pay the bill or they will take you to Small Claims Court. Courts have also held that if somebody called in to say that you were driving under the influence and the police agency responded to that, it... View More

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