Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Thomas M. Fleming
3 Answers | Asked in DUI / DWI for California on
Q: got a dui in September, plead not guilty on my arraignment hearing. I was 0.12 bac, complaint and first offense.

decided to go to a little kickback after a long time. officer said i was swerving but i know i was not because i knew where i was going, where i was going and with who. never have i broken any laws (nor do i plan to) and feel scared. i am an university student about to enter their last semester.... View More

Thomas M. Fleming
PREMIUM
Thomas M. Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2023

The good news is that you have a moderate alleged BAC. A criminal conviction, depending on whether it's a DUI conviction, or something lesser, can affect your employment, your driver's license status and many other things. Find the best attorney you can right now to help you and protect... View More

View More Answers

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: What is it called the conversation of police and dispatch and the time line of conversation? How do I get that? Thanks
Thomas M. Fleming
PREMIUM
Thomas M. Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2022

This is called a dispatch recording and dispatch log (written). If you have a criminal case, the easiest way is to ask your attorney to request it from the District Attorney as part of case discovery.

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: I just recently got released from jail but im trying to get my license now but on the court paper they misspelled myname
Thomas M. Fleming
PREMIUM
Thomas M. Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2022

I don't know the charges or facts in your case but often an officer misspelling your name on a form has nothing to do with how DMV spells your name. Go to DMV, see if your name is spelled correctly and try to obtain your license if possible. Good luck!

View More Answers

3 Answers | Asked in DUI / DWI for California on
Q: Dui plus hit and run

Hello so I hit a parked car parked in a fire lane in my neighborhood and went home to tell my parents but before I could The police showed up and tested me for dui and I did get a dui. It wasn’t an intentional hit and run as I didn’t know I hit till I got home and was going to then go back.... View More

Thomas M. Fleming
PREMIUM
Thomas M. Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2024

I don't know all the details of the incident but you should discuss all the details with an knowledgeable DUI attorney in your area. You must do so quickly in order to meet the short DMV deadline of 10 days regarding the potentil suspension of your driver's license. I wish you the very best!

View More Answers

4 Answers | Asked in DUI / DWI for California on
Q: So what happens when I’m 100% sober but failed a field sobriety test and still get arrested for dui?

I took a field sobriety test and I failed and got arrested. At the time I was super tired, I had zero sleep last night . I was also nervous and I somewhat understood the officers instructions but I still had questions . I also inured my ankle a few months ago and it hasn’t healed all the way.... View More

Thomas M. Fleming
PREMIUM
Thomas M. Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024

Did you take a blood or breath test? Find the best DUI lawyer you can find. That attorney will obtain all the discovery, review the evidence and hopefully work to get all this dimissed. I wish you the very best of luck with your situation..

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: Can I get a wet reckless charge instead of a dui charge?

I have only had my arraignment but my BAC was 0.12 and I have already taken AA classes. Can my attorney be able to reduce my charges from a DUI to wet reckless?

Thomas M. Fleming
PREMIUM
Thomas M. Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023

Perhaps! It depends on many factors. Look at the yelp reviews of various attorneys, and see if s/he has clients that had similar cases with a .12 BAC reduced or dismissed. Many blessings to you!

View More Answers

2 Answers | Asked in Criminal Law, DUI / DWI and Family Law for California on
Q: I'm afraid I will be charged with child endangerment and neglect

I was a passenger of a drunk driver and also had 1 of my child in the back of the car. I already have Social Services calling me to see all of my kids. I had CPS case prior and been closed for years now. Will I be charged with child endangerment for being the sober parent that was in the passenger... View More

Thomas M. Fleming
PREMIUM
Thomas M. Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023

It is very possible that you will be charged, depending on all the circumstances (including any prior neglect allegations). You should contact a good attorney asap in your area to analyze this further, with all the specifics. I wish you the very best with this situation.

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: auto accident. Both parties @ fault. 1 blew .09 & suffered traumatic brain injury with memory loss.

we were just informed they will be charging her (mom) with the DUI and need to schedule an arraignment date. She still can not live on her own as she is not fully recovered (possibly will not ever be the same). We really don't know what to do from here

Thomas M. Fleming
PREMIUM
Thomas M. Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2023

You should retain a DUI lawyer immediately for your mom. Many blessings to you all.

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: Got dui on 4-11 this is my second frist one around 2016. I was changing lanes and clipped the car in front of me. Me and

The other person we're exchanging information when I looked there they were saying they saw it all. Then they smelled the alcohol did the test on uneven ground. Plus I have scoliosis is there any way I can get help

Thomas M. Fleming
PREMIUM
Thomas M. Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2023

It sounds like there are some issues in your second-time DUI case. The most important thing you can do, in my view, is get the best DUI attorney that you can get in your area! Are you in the Bay Area?

View More Answers

7 Answers | Asked in DUI / DWI for California on
Q: I initially got pulled over running a yellow light then turn into a DUI. Can I fight the initial pullover dismiss the DU

Or fight DUI they forced a blood test telling me they can get a warrant for it.

Thomas M. Fleming
PREMIUM
Thomas M. Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2023

Yes, you can and should fight it for the detention issue and the blood sample issue! I suggest you contact and retain an experienced DUI attorney in your area. I wish you the very best with your case!

View More Answers

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: if the mother of the pedestrian 1 takes pictures in the hospital and provides them via email can they used them

as evidenced against driver 1 with out pedestrians 1 consent or knowledge pedestrian 1 never gave his statement or talked to anybody about the accident.

Thomas M. Fleming
PREMIUM
Thomas M. Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2022

The short answer is sure, if she or someone authenticates the photos, and it is used in a DUI criminal case. If you are the accused, you should get an attorney and consult with the attorney about this. I wish you the very best.

2 Answers | Asked in DUI / DWI for California on
Q: Been inquiring about the ability to reopen a case I plead guilty to 5 years ago. I was not11 guilty. Advised by P defend

to avoid a trial. Prison if lost trial. Agreed to 3rd felony DUI. TMI. Issue. I wasn't pulled over. Not driving when arrested for DUI. DUI last Friday night. SO GUT SICK MAD SAD... Any suggestions or advice Thank yyou so much.

Thomas M. Fleming
PREMIUM
Thomas M. Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2022

I'm sorry you've going through all this. Since the public defender represented you, start there and ask another attorney to take a second look at this. If you received ineffective assistance of counsel, for example, then you may be entitled to a new trial. If that is the case, however,... View More

View More Answers

1 Answer | Asked in Criminal Law for Arizona on
Q: If I bring my prescription into court on my court date will the judge verify that it is actually mine

Or will they just visually see that it has my name and information on it and if it is expired medication yet still mine I am able to possess that still correct.

Thomas M. Fleming
PREMIUM
Thomas M. Fleming pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2022

I’m not sure why you want to bring in prescription medication into court but I will presume it is to provide evidence of legal possession (versus illegal possession) of a drug. This can be a very perilous act, and can backfire in many different ways. Please first consult with your lawyer (or if... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.