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Questions Answered by William Joseph Duffy
3 Answers | Asked in DUI / DWI for California on
Q: Got dui Didn’t complete classes Warrant issued 8 years later caught What will likely happen in court when I show up

Reinstate me or jail time for running 8 years without handling it?

William Joseph Duffy
William Joseph Duffy answered on Oct 8, 2020

Best strategy to hire a local attorney who can recall the warrant. Some courts will vacate the class, others may make you complete it now. Either way, probably no significant penalty, if any.

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2 Answers | Asked in DUI / DWI for California on
Q: I marsdins my court appointed public defender twice but was denied. What can I say or do he disrespects me.

Three months into my DuI case he was sighed into the Bar association.

William Joseph Duffy
William Joseph Duffy answered on Oct 6, 2020

A Marsden motion is where you complain to the court that your free appointed counsel is inadequate. A lawyer who disrespects their client should consider another career, especially one who serves as court-appointed counsel. However, disrespect is not considered in whether the attorney can... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: Can my DUI case be dismissed if I was not legally arrested. The officer stated on the supplemental/ narrative report I

The report states he gave me field sobriety and blood test. This is a false statement no test were taken. The warrant was not signed or approved.

William Joseph Duffy
William Joseph Duffy answered on Oct 6, 2020

False statements by a peace officer go to the officer's credibility at trial or motion. Assertions that the officer lied in a report can only yield a dismissal of the charges if you fight your case. The prosecutor assigned to file cases will take the officer at their word and file charges.... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: I got a citation for no licence and the citation says booking required. What will happen if i dont go to booking?

I can miss booking and wait until the judge ordered it?

William Joseph Duffy
William Joseph Duffy answered on Dec 21, 2019

Yes! In most cases you would be required to book if you are convicted. Make sure to appear in court or have a private criminal defense attorney appear on your behalf. If you have or can get a valid license you may be able to gain a dismissal or reduction of the charge to an infraction.

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4 Answers | Asked in DUI / DWI for California on
Q: My brother made an illegal u-turn and chp pulled him over.i was not inside the vehicle but was arrested for dui

I was walking a block and a half away and walked up to the car that my brother had already parked that's when I was put in cuffs.

William Joseph Duffy
William Joseph Duffy answered on Nov 8, 2019

You have a not-driving defense. You will need a quality lawyer who will take the time to gather all the evidence and develop the defense. Obtaining patrol video, body-worn camera video and digital audio will be essential. You may also want to get sworn statement from your brother stating the... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: 3 priors, sentenced ,& now blew 0.08. wondering what he looking at for sentencing WithNo tolerance law,

Could this be dropped to wet/reckless?

William Joseph Duffy
William Joseph Duffy answered on Oct 6, 2019

It is possible to negotiate a wet reckless if the evidence supports it. However, a defendant with three prior convictions for DUI who is arrested for a fourth, is less likely to gain a more favorable negotiated disposition. If you are charged with a fourth DUI within 10-years you could be facing a... Read more »

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4 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for California on
Q: Is an accident itself probable cause to administer a breathalyzer? When officer arrived on the scene after it happened?
William Joseph Duffy
William Joseph Duffy answered on Sep 21, 2019

The accident may not be by itself enough but Vehicle Code 40300.5 permits an officer to arrest without a warrant and not personally witnessing the event if he has reasonable suspicion you were driving under the influence.

Many DUI suspects either admit driving or are seen by a witness...
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2 Answers | Asked in DUI / DWI for California on
Q: 2009 i got a dui and 10 years later i wanna take care of my classes so what steps do i need to do first or take
William Joseph Duffy
William Joseph Duffy answered on Sep 16, 2019

If you have a warrant for failure to complete a court ordered alcohol education program you will want to personally recall the warrant or have an attorney do this for you. The benefit of having an attorney do this for you is that it is less likely you will suffer a severe penalty. After this is... Read more »

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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... Read more »

William Joseph Duffy
William Joseph Duffy answered on Jan 16, 2019

Driving with a BAC of 0.01% or more is a violation of 23136 VC, an infraction. If this charge is substantiated the penalty is a one-year suspension of your driving privilege. Based on the facts as you’ve described them you be able to argue that the PAS breath test was invalid and/or that there... Read more »

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