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Questions Answered by William Joseph Duffy
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 not pass... 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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