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Questions Answered by Mr. Richard Orville Middlebrook
3 Answers | Asked in DUI / DWI for California on
Q: If someone had a DUI in another state, and then gets another DUI in California, what would most likely happen?

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Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Aug 25, 2021

Generally, a DUI within 10 years anywhere in the United States is chargeable as a prior so long as the law in California is substantially similar to the state of conviction. California is a “movement” state requiring a vehicle be moved to meet the driving requirement. Some states, are control... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: I was arrested for a DUI in California on July 4th and DMV is still not showing my arrest/suspension.

On the morning of July 4th, I was pulled over and arrested for a DUI (BAC approx. 0.1, also took blood as well). I was released without a jail stay, but was still given a court date and an APS slip, and was told to contact the DMV regarding the details. I forewent a hearing and instead started... Read more »

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Jul 21, 2021

First, you are not in suspension based on the arrest. Your DUI Suspension begins on the 31st day after the arrest so your legal to drive. It will show up when it goes into suspension. If you want an immediate restriction, and this is a first, get the IID installed, sign up for the alcohol education... Read more »

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4 Answers | Asked in DUI / DWI for California on
Q: Can a lawyer get my hospital and morgue class dismissed since they were delayed and I'm now out of state due to COVID19?

I was convicted of a DUI in May of 2019 and I've already completed my alcohol classes, my community service, MADD, paid all my fines, and had a restricted license and a breathalyzer for 6 months so now the DMV reinstated my full license. The only thing I have left to complete is my Hospital... Read more »

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Jan 7, 2021

Yes. You may make a motion to the court to modify your sentence.

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3 Answers | Asked in DUI / DWI for California on
Q: I was arrested for DUI's and my blood test was left on the dumpster at the hospital the officer had to go back and

Can this be thrown out .

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Jan 5, 2021

If that actually happened, they would lack any realistic chain of custody and certainly would assist your attorney in having any result excluded. However, there are other ways of proving you had too much to drink. Best to hire an experienced DUI trial lawyer to assist you.

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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

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Jan 1, 2021

The only way to reverse a DMV decision is by way of an appellate writ. However, you may not get damages. You may get Attorney’s fees but they are limited to $7500.

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3 Answers | Asked in DUI / DWI for California on
Q: I was arrested for DUI and was held in jail for 72 hrs without seeing a judge do they have to drop charges for violating
Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Dec 30, 2020

No. Unfortunately, they don't need to drop the charges.

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3 Answers | Asked in DUI / DWI for California on
Q: What are the charges for accidentally killing someone while drunk driving?
Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

Depends. Could be manslaughter or could be 2nd degree murder.

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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?

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

It's not how early, it's how long. One person could be 6 years. Plus any other charges. But in theory, with a good lawyer and facts, you could avoid any prison time.

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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)

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

Generally 23153 w GBI but that assumes intoxication, not just drinking. May be other charges too.

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4 Answers | Asked in DUI / DWI for California on
Q: dui help

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Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

It's very unlikely. If contacted you should not answer any questions without an attorney present. But I wouldn't worry about it currently. Supplying alcohol to a minor and consuming alcohol as a minor are both crimes. Be careful heading down that path.

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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... Read more »

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Aug 31, 2020

Nope! Prescription or illicit drug DUI arrests don’t automatically trigger suspensions. You only lose your license if you are actually convicted of the DUI or they attempt to take it in another way.

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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?

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Aug 26, 2020

Not much. If an accident you caused while intoxicated caused an emergency response, by law, you are responsible for the costs. While you can dicker over priced, most of the time it’s not a winning proposition.

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3 Answers | Asked in Car Accidents, DUI / DWI and Insurance Defense for California on
Q: If you get a dui at 17 with no license or insurance and get in a crash what will happen

could you go to court alone if you are turning 18 before the court date ?

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on May 22, 2020

There are so many variables in this it’s hard to answer. The case will be handled in the juvenile courts. There certainly will be some very stiff punishments and more so if someone was injured. There will a significant license suspension of at least a year. Likely to be charged with multiple... Read more »

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