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California DUI / DWI Questions & 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

James L. Arrasmith
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answered on Apr 9, 2024

Based on the information you've provided, it seems you are facing charges for both DUI (driving under the influence) and hit-and-run in California. Here's some general information about your situation:

1. DUI: In California, it is illegal to operate a vehicle with a blood alcohol...
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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
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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..

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1 Answer | Asked in DUI / DWI for California on
Q: Terminated 18m DUI class. 5 classes left. Paid in full. Ask for re referral before warrant issued. What happens now?

Have court date April 5th. I was in a Domestic Violence relationship where he made it difficult to go to class. Finally free from him and I have a restraining order against him. It nice to have him gone but difficult because I was left with all bills and caring for my daughter while on cash aid. I... View More

James L. Arrasmith
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answered on Mar 26, 2024

In California, if you've been terminated from a DUI class with only a few sessions remaining and have paid in full, it's important to act quickly. Contact the DUI program to request a re-referral before a warrant is issued. Explain your situation clearly, including the challenges you... View More

2 Answers | Asked in DUI / DWI for California on
Q: Courts dismissed my dui 13 years ago but DMV suspended my license last week. I passed breathlzr and was not dwi. help

I need help scheduling a court date with the dmv. I can't get thru by phone and the letter they sent had no info other than my license is suspended. I have had a restricted license for over 4 years, fully insured, no tickets my dmv driving record has no mention of the dui. The court docs says... View More

James L. Arrasmith
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answered on Mar 24, 2024

Under California law, if your license was suspended by the DMV and not due to a court order, you need to contact the DMV directly to resolve the issue. The DMV operates separately from the criminal court system, so even if your DUI charges were dismissed, the DMV might have different requirements... View More

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2 Answers | Asked in Car Accidents, Personal Injury and DUI / DWI for California on
Q: Can I get recompensation for a car accident that happened 7 years ago?

I was in a car accident with a couple of friends, my friend (the driver) was under the influence and well we were all under the influence except for one of us, we kept telling the driver to let her drive because she was sober but he wasn't letting her or stopping. Suddenly when he made a left... View More

William John Light
William John Light
answered on Mar 23, 2024

Ordinarily, the statute of limitations is 2 years from the date of the injury.

If you or the driver were under 18 on the date of the injury, the two years began to run on the 18th birthday of either of you.

For certain felony convictions, the statute of limitations is 10 years from...
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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Can you travel domestically by flight with a Bench Warrant on your name?
James L. Arrasmith
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answered on Mar 21, 2024

Having a bench warrant in your name can lead to complications while attempting domestic flight travel. While there's no blanket rule that directly forbids you from flying domestically, the presence of a bench warrant implies that law enforcement is seeking your arrest, which could lead to... View More

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2 Answers | Asked in DUI / DWI for California on
Q: My brother had a dui during COVID and still hasn’t heard anything about getting his license back years after
Dale S. Gribow
Dale S. Gribow
answered on Mar 20, 2024

HE SHOULD CONTACT HIS LAWYER OR THE COURT RECORD ONLINE OR CRIMINAL CLERK TO GO OVER THE CONDITIONS OF SUMMARY (INFORMAL) PROBATION.

HE HAD A FINE AND CLASSES.

AFTER HE HAS FINISHED EVERYTHING ORDERED, HE GOES TO DMV FOR A NEW LICENSE.

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3 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: Hit by a DUI Driver but my Insurance is minimal

My daughter was driving my car dui driver hit her. My insurance is minimal, even excludes all drivers. Other driver has no insurance. My daughter had to miss work, she just got out of college, so financially struggling. My car no longer works either. Anything else we can do? Thank you

James L. Arrasmith
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answered on Mar 5, 2024

In California, if you're hit by a DUI driver and your insurance coverage is minimal and does not cover the incident, especially when the other driver has no insurance, there are still options available to you. It's essential to know that California law allows individuals in your situation... View More

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2 Answers | Asked in DUI / DWI, Car Accidents and Criminal Law for California on
Q: Does an arrest need to be made before a misdemeanor criminal complaint can be made by a district attorney?
James L. Arrasmith
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answered on Feb 24, 2024

Under California law, an arrest does not need to be made for a district attorney to file a misdemeanor criminal complaint. The district attorney has the discretion to file charges if there is enough evidence to suggest that a crime has been committed and that the accused is responsible. This can... View More

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2 Answers | Asked in DUI / DWI for California on
Q: did my 3 month DUI course, paid my fees but still need to do the HAM progra by March 1. Will i go to jail if not finish
James L. Arrasmith
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answered on Feb 20, 2024

In California, completing a DUI program, including the Hospital and Morgue (HAM) program, is often a condition of probation for DUI convictions. If you've completed your 3-month DUI course and paid your fees but have not yet completed the HAM program by your deadline, it's important to... View More

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3 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: I have been ordered to pay victim restitution due to a DUI for over $24,000 due to their attorney fees.

My insurance settled their injury claim for below my policy limit and they signed a document saying they can no longer pursue me. The document also says it includes their attorney fees. Can the restitution fee be lowered?

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, restitution orders are generally intended to compensate victims for their losses resulting from a defendant's criminal conduct. However, if the victim has already received compensation for their losses through insurance settlement or other means, the court may consider... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Should i fight thia and plead not guilty

I pulled into jack in the box and a police car was on the same drive thru but facing opposite way.. he had a guy pulled over and when i pulled up he walked up to me wirh a flashlight. Saw that i had two alcohol drinks in my cupholder and stepped me out of the. Car. I was carrying a concealed... View More

Nors  Davidson
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answered on Feb 21, 2024

You should always fight every charge! If you plead guilty, you'll be convicted 100% of the time. You should consult with a local attorney(s). Consulations are usually free of charge and if the lawyer is experienced and honest, they can advise you what they an do to help. Lawyers can often... View More

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2 Answers | Asked in DUI / DWI for California on
Q: I plead guilty to my third DUI about 10 years ago I did not complete my outpatient program classes

I did not complete my outpatient program due to the fact I wasn't able to drive myself to the classes and back home because of my license being suspended so I failed to complete the program subsequent I did not appear in court on my next hearing and have been missing Court hearings ever since... View More

Nors  Davidson
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answered on Feb 21, 2024

A: You're likely still looking at jail time since the warrant remains active and your probation likely stayed for non compliance. While you can continue to live with the warrant as you have the past ten years, if it concerns you my best advise would be to hire a lawyer to add your case to... View More

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1 Answer | Asked in DUI / DWI for California on
Q: Do I have to pay dui cost recovery program if I was never convicted of dui

I was in a car crash and suffered a concussion. I was arrested for possible dui but was never charged or convicted

James L. Arrasmith
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answered on Feb 3, 2024

Under California law, DUI cost recovery fees are typically assessed to cover the expenses incurred by law enforcement and emergency services in response to DUI incidents. However, if you were arrested for a possible DUI but were never formally charged or convicted, the situation may differ.... View More

1 Answer | Asked in DUI / DWI for California on
Q: I was Charged a DUI V.C. 23152(f) “based on Suspicion” not evidence, Blood Test came positive. Trial Conviction Question

I was charged with 2 counts

1) V.C. 23152 (f) DUI Drugs

2) V.C. 11550(a) under the influence of a controlled substance

Despite no actual evidence found at the time of arrest, i was arrested and charged based on suspicion and officer opinion. Later Blood Test Showed Meth... View More

James L. Arrasmith
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answered on Jan 17, 2024

In California, DUI charges under Vehicle Code 23152(f) can indeed be complex, especially when there's a discrepancy in verdicts between related charges. Your situation, where you were found guilty of DUI Drugs but not guilty of being under the influence of a controlled substance, does raise... View More

2 Answers | Asked in DUI / DWI for California on
Q: 20 yrs ago .was charged for d.w.i. for meth in blood test.had used three days prior .was not under influence at time
James L. Arrasmith
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answered on Jan 15, 2024

Under California law, a DWI (Driving While Intoxicated) charge can be based on having drugs in your system while operating a vehicle, even if the substance was used days before. The key factor is whether the drugs were affecting your ability to drive safely at the time you were stopped. The... View More

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1 Answer | Asked in DUI / DWI for California on
Q: How do I find data regarding sentences imposed for CA felony DUI with injurys?
James L. Arrasmith
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answered on Jan 13, 2024

In California, the sentencing for a felony DUI with injury under Vehicle Code 23153 can vary based on several factors. This includes the severity of injuries caused, prior DUI offenses, and other specific circumstances of the case.

For a first-time offense, the potential sentence ranges...
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3 Answers | Asked in Car Accidents, DUI / DWI and Personal Injury for California on
Q: I was injured by a drunk driver who subsequently plead guilty to felony dui with injury & having .16 blood alcohol.

The Judge sentenced the criminal defendant to 3 yrs probation & the usual penalties of a first offense misdemeanor. My victim rights have been violated & the judge sentenced the defendant incorrectly (my opinion) due to various lies, inconsistencies & incompatible statements that the... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 13, 2024

So sorry to hear of what you have been going through. There may be some measure of further justice you can obtain, but the situation is much too complicated to be solved in a question and answer forum such as this. It is unlikely you can have the sentence increased, but it is surprising that... View More

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1 Answer | Asked in DUI / DWI for California on
Q: Supposed to sign up for DUI classes by 1/20 but my appt is on the 23rd after calling today. Will I be in any trouble?

My first DUI. Informal probation and meant to attend dui classes for 9 months. I didn't realize on my form it said to call within three business days to start attending dui classes. I am a couple weeks out from the date stated on my documents for when I should be assigned. I called today and... View More

James L. Arrasmith
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answered on Jan 8, 2024

In your situation, where you're required to sign up for DUI classes by a certain date but have an appointment slightly later, it's understandable to be concerned about potential consequences. It's good that you have taken the initiative to set up the appointment.

Since your...
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2 Answers | Asked in DUI / DWI for California on
Q: I got pulled over for a taillight and was given a field sobriety test and then a breathalyzer, which I blew under twice

They wanted to then give me another breathalyzer test, I refused. Was taken for blood test and then while being booked they found a small amount of cocaine in my purse.

I ultimately passed the blood test, now they are charging me for a controlled substance.

If I was being arrested... View More

Christopher Walsh
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Christopher Walsh
answered on Jan 7, 2024

In this scenario, it will come down to whether or not the police actually had a valid basis to arrest you for the DUI in the first place. If the police had probable cause to believe you were under the influence of alcohol and/or drugs, then the arrest would be proper and the cocaine that was later... View More

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