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Questions Answered by Alison Lee Bermant
2 Answers | Asked in DUI / DWI for California on
Q: What sentence will be put upon me for a plea deal for vehicular homicide while also the 3rd dui in 10 yrs ?
Alison Lee Bermant
Alison Lee Bermant answered on Jul 26, 2021

It generally depends on the jurisdiction what the ultimate outcome will be, but it also depends on whether you are charged with gross vehicular manslaughter (which is a 10 year maximum sentence) or regular (which is a 4 year maximum sentence).

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2 Answers | Asked in DUI / DWI and Cannabis & Marijuana Law for California on
Q: Vc 23215f. The officer smeeled marijauna and with no FST forced a blood test ? Now what?

I answered no questions and with my balance problems sobriety checks make me appear intox so i dod not give them,that evidence. Any advice it would be most helpful

Alison Lee Bermant
Alison Lee Bermant answered on Jun 28, 2021

I agree with Mr. Karas's answer, I would only add to be sure to hire a skilled lawyer in the area where your arrest occurred who is familiar with the workings of the court to advise you on the procedures in the jurisdiction where you are being prosecuted.

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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

Alison Lee Bermant
Alison Lee Bermant answered on May 17, 2021

Nolo contender is Latin for no contest, which means the same thing as guilty for purposes of criminal court but cannot be used against you in a civil proceeding (if someone is suing you for money). So unfortunately that does mean you were convicted.

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2 Answers | Asked in Criminal Law for California on
Q: accused of a crime I was not involved in. Discovery states a different discription of a vehicle. I get pulled over.

W/o probable cause.

What are my options?

Alison Lee Bermant
Alison Lee Bermant answered on Apr 1, 2021

Make sure you have a lawyer to file a suppression motion. A private attorney or a public defender can help with that. Do not try to represent yourself.

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2 Answers | Asked in Criminal Law for California on
Q: I have search and seizure can officer just come up to me and search me at any time without probable cause

I was sitting in my vehicle talking on my phone and a Sheriff officer came up to me proceeded to tell me that I had search and seizure and to step out of my vehicle I've never met the Sheriff before and he's never id'd me so how would he know that I had search and seizure and is that legal

Alison Lee Bermant
Alison Lee Bermant answered on Mar 18, 2021

Valid search terms allow an officer to search an individual any time, any where, with or without cause. If the officer ran your license plate and you matched the description of the registered owner that could be valid. Whether or not that happened would be an issue to look further into.

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2 Answers | Asked in Criminal Law for California on
Q: What to do if someone you know steals everything you own?

My old roommate punched me in the head so I called the cops. I went to get my things a day or two later and everything I had is just gone. That's over $20,000 of personal/business property stolen (I'm a solo proprietor with an EIN)

Alison Lee Bermant
Alison Lee Bermant answered on Mar 9, 2021

I suggest filing a follow up police report regarding the theft.

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4 Answers | Asked in DUI / DWI for California on
Q: I have a friend who is being charge of dui, hit and run, driving while intoxicated,

Resisting arrest of executive officer (pc69) what is the worst thing can happened to him or what can he do to reduce charges

Alison Lee Bermant
Alison Lee Bermant answered on Mar 4, 2021

Your friend definitely needs a lawyer to help in court. If he or she cannot afford to hire a private lawyer they absolutely should request a public defender. PC 69 is a felony which carries up to 3 years in prison (although county jail prison). An attorney will need some good ammunition in... Read more »

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3 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: How can i get a hardship drivers license or some kind of restricted license to work if i have never had one?

my privilege to drive has been suspended for 21 years by dmv for a second dui despite i paid for my crime in jail and through fines etc. I'm in the classes dmv wants but i need something to be able to drive now . i'm desperate im the only one providing for my family due to covid. I work... Read more »

Alison Lee Bermant
Alison Lee Bermant answered on Mar 4, 2021

Did you mean two years for a second DUI? If so you can most likely install and ignition interlock device on your car and with SR-22 insurance and proof of enrollment in the DUI class, as long as your case wasn't deemed a refusal you will be able to get a restricted license. IID installation... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: If I got my California DOJ rap sheet back and it lists no gun clauses does that mean I can own a firearm in the state?

Or does that mean I’ll have to do a federal check

Alison Lee Bermant
Alison Lee Bermant answered on Mar 3, 2021

A gun dealer will also have to run a federal background check to make sure there aren't out of state issues that federally prevent you from owning a firearm.

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