Ask a Question

Get free answers to your DUI / DWI legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for California on
Q: 1991 I had one DUI in SC. 2015 I attempted to get my license in CA. SC still has a hold is that legal

In 2015 SC charged me $600+ to reinstate my CA license and complete a program. I did them both. There is still a hold. Whats up.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024

Your situation with the South Carolina hold from 1991 affecting your California license in 2024 is frustrating but not uncommon. Interstate holds can remain active for decades if not properly cleared through all required channels.

Even though you completed the program and paid the fees in...
View More

2 Answers | Asked in Criminal Law, Divorce, DUI / DWI and Traffic Tickets for California on
Q: Can I File a Motion to Vacate for a Warrant I Was Unaware Of?

I recently found out from the police that I have a $5,000 warrant and need to resolve it at Glendale Court. Here's what happened:

- In March 2023, a detective from Glendale Police contacted me about an alleged violation of a temporary restraining order (TRO) due to an email I sent to... View More

Marc David Pelta
Marc David Pelta
answered on Nov 28, 2024

No, you would need an experienced lawyer to handle this as soon as possible because each day you wait to resolve it can later be used against you by the District Attorney's Office.

View More Answers

3 Answers | Asked in DUI / DWI and Immigration Law for California on
Q: Getting my 1st DUI conviction changed to reckless driving for immigration purposes?

I have completed all my court related requirements.

Marc David Pelta
Marc David Pelta
answered on Nov 28, 2024

I doubt you can accomplish this. However, you should consult with an experienced criminal defense lawyer to explore your remedies under California law. It is important you mention to the lawyer what your goal is.

View More Answers

1 Answer | Asked in DUI / DWI for California on
Q: Forgot to turn in documents for dui course completion and just not realizing I have a bench warrant

Recently found out I have a bench warrant for forgetting to turn in my dui course papers and I have to show up for jury duty how do I sort this out??

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2024

Your immediate priority should be addressing the bench warrant before your jury duty date, as having an active warrant could lead to serious complications.

Contact the court where your DUI case was handled right away and ask about the procedure for recalling the warrant. You'll want to...
View More

1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for California on
Q: Received Ineffective Assistance of Counsel & negligence resulting to poor outcome in Appellate court decision, options

I received almost no communication or assistance from court appointed attorney during my appellate case, including not being provided with necessary court transcripts and documents. Despite multiple attempts to contact my attorney, i received no response I only received a Wende brief letter months... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2024

I'm sorry to hear about your experience. You may have grounds to challenge the appellate decision due to ineffective assistance of counsel. Start by consulting with a new attorney who can review your case and determine if there are valid claims for appeal based on your previous attorney's... View More

1 Answer | Asked in DUI / DWI for California on
Q: How can I expunge my dui
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2024

Expunging your DUI in California involves several steps that you can follow to clear your record. First, you must complete all the requirements of your DUI conviction, including paying fines, attending mandatory alcohol education programs, and fulfilling any probation terms. It's essential to... View More

1 Answer | Asked in DUI / DWI for California on
Q: Is there any reason why my DUI charge would be removed from court records
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2024

It’s unlikely that a DUI charge would be removed from court records without a specific legal reason. Generally, DUI charges stay on record unless they are expunged, dismissed, or you’re acquitted. Expungement typically happens after the completion of your sentence, and even then, it may only... View More

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: Help with withdrawing a plea
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2024

Withdrawing a plea in California can be a challenging process, but it is possible under certain circumstances. You generally have the right to request to withdraw your plea if you can show that it was not made voluntarily, intelligently, or knowingly. This could happen if you were misled, did not... View More

4 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: I was involved in a hit an run, and i want to know if i can sue the other driver.

After the other driver backed into me and hit my car from the front left side, she drove off into the neighborhood and i followed her but sped off in another direction, then I lost her. My friend who was in the passenger seat called the police for me to file a report. Shortly after, the police... View More

William John Light
William John Light
answered on Sep 15, 2024

You can sue but it's a giant waste of time. You aren't injured and your insurance company will pay to repair the property damages without the time and money of a lawsuit.

View More Answers

1 Answer | Asked in Car Accidents, DUI / DWI and Health Care Law for California on
Q: I was take to the hospital after a DUI GIVIN A PINK SLIP NO BAC OÑ ON TICKET SAID DUI AND OTHER 10DAYS DAYS TO ÇALL DMV

Week later city bill 1100 I asked Dr what am I going here they said I have not given anyone consent to draw my blood or do any type of testing and this was 3 hours after the officer left they said my BAÇ was a 1.8 after I had them check I'm pretty muched f©©k?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2024

It sounds like you're dealing with a complex situation. First, if your blood was drawn without your consent after the officer left, you may want to challenge the legality of that blood draw. In California, implied consent laws allow for chemical testing in DUI cases, but there are specific... View More

1 Answer | Asked in DUI / DWI, Family Law, Car Accidents and Child Custody for California on
Q: If my co parent was a convicted felon for DUI vehicular man slaughter will the judge see him as incompetent parent?

He’s been out for 1 1/2 years now and my attorney is taking their sweet time to file a change of order from 2017. I was dumb to take word of mouth to think everything will be fine when he came out and didn’t change the custody order. 2 months after he came out he wanted to follow the court... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024

Winning a custody battle depends on several factors, including the best interests of the child, which is the primary concern for the court. The judge will consider your co-parent's past conviction, especially since it involves DUI vehicular manslaughter, and weigh it against their current... View More

1 Answer | Asked in DUI / DWI for California on
Q: My fiancé is in county jail and set to be released in September with a year of probation but has a DUI case in another

County. What happens now? Will he be picked up by the other county?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2024

When your fiancé is released from county jail, it's possible that the other county with the pending DUI case may place a hold or warrant for his transfer. This usually depends on the severity of the case, court schedules, and coordination between the counties. If there's an active... View More

1 Answer | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Constitutional Law for California on
Q: Quick question about California law

After being pulled over, what are all the reasons that would give the police the right to tell you to step out of your vehicle and start searching your vehicle? In california

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2024

In California, after being pulled over, an officer can legally ask you to step out of your vehicle for various reasons. If they have reasonable suspicion that you are involved in criminal activity, they have the right to ask you to exit your vehicle. Additionally, if the officer believes you may be... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for California on
Q: After being pulled over

After being pulled over, what are all the reasons that would give the police the right to tell you to step out of your vehicle and start searching your vehicle? In california

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2024

In California, if you are pulled over, police officers may ask you to step out of your vehicle for several reasons. One common reason is if they have reasonable suspicion that you are involved in criminal activity beyond the traffic violation, such as seeing drugs or weapons in plain view. They may... View More

1 Answer | Asked in DUI / DWI for California on
Q: How long can I be held in jail for an out of county warrant in California?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2024

Under California law, if you are arrested for an out-of-county warrant, you can be held in jail for a limited period. Generally, the holding period is up to 48 hours, not including weekends and holidays. This allows time for the county that issued the warrant to arrange for your transport.... View More

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: Is there a certain amount of community service I need to complete by my turn in date to jail to avoid jail time?

If I am allowed to serve community service in AOWP in Fresno County, do I need to have a certain number of hours completed or all completed by my turn in date for jail to avoid jail time?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 31, 2024

In California, the specific amount of community service required to avoid jail time depends on the terms set by the court. Each case is different, and the judge typically provides clear instructions regarding how many hours of community service you need to complete. It’s crucial to follow the... View More

3 Answers | Asked in DUI / DWI, Tax Law, Civil Rights and Sexual Harassment for California on
Q: I would like help getting my aunt removed from being power of attorney..I was forced into signing. Please respond!!
Robert Kane
Robert Kane
answered on Jul 27, 2024

Simply Google: "California revocation power of attorney."

View More Answers

1 Answer | Asked in DUI / DWI and Criminal Law for California on
Q: Can I sue the CHP for false imprisonment? I was arrested for DUI. County case dropped, DMV charge stands.

In Nov.2023 I was arrested for a DUI but I was not driving. I had gone out for dinner and drinks with coworkers. I was being dropped off at my house by my coworker and we were following my other coworker to my apartment to pick up work keys. Upon traveling to my apartment (a block away from the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Under California law, suing the CHP for false imprisonment may be challenging in this situation. False imprisonment requires proving that you were unlawfully restrained without consent and without legal justification. Since you were arrested for DUI, the officer likely had probable cause based on... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for California on
Q: Can I sue for false imprisonment? My DUI case was dismissed in County Court, but I’m still being charged with by DMV

In Nov. 2023 I was wrongfully arrested for a DUI.

I was on my way to being dropped off at home after a night out with coworkers. Upon that travel, my co worker driving in front of us had been pulled over by CHP. (Mind you, my home was a block away from the restaurant).

Myself and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024

In California, you can consider suing for false imprisonment if you believe you were wrongfully arrested and detained. In your case, if your DUI charge was dismissed in County Court, but the DMV is still pursuing action against you, there are specific legal avenues you can explore. It’s important... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Hi I'm just wondering if this is a real law 28cfr29.10
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

The Code of Federal Regulations (CFR) is a codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. Specifically, 28 CFR 29.10 pertains to the National Motor Vehicle Title Information System (NMVTIS), a... 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.