Get free answers to your DUI / DWI legal questions from lawyers in your area.
A police misinterpreted my visitation order. They asked me to return the child to Ex, but I argued I can't follow the police wronglful directive over the Court order. Despite my extensive explanation, they issued a ticket under Penal Code 285 with anger. I immediately prepared a 32-page... View More 
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answered on Dec 18, 2024
If you received a misdemeanor citation, yes, the police must submit a report to the District Attorney's office for prosecution to proceed. Without this report, the DA cannot formally file charges or proceed with the case.
Your proactive approach in preparing documentation to prove your... View More
I’m a non-U.S. citizen on a B1/B2 Business/Personal Visa seeking legal help from an attorney with experience in DUI defense and immigration matters.
Case Details:
Location: Santa Clarita, CA
Date: 12/7
Situation: Pulled over at 2 a.m. for speeding and swerving. I... View More
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answered on Dec 15, 2024
This situation requires immediate attention from both a criminal defense attorney and an immigration lawyer, as DUI charges can seriously impact your immigration status and future Green Card application.
Given the complex interplay between criminal and immigration law, you should seek legal... View More
I was issued a misdemeanor ticket (visitation schedule order) on November 22. I never violated the court order and have prepared a 32-page declaration with exhibits. The court date on the ticket is set for December 18.
During the December 18 hearing, what should I expect? Can I submit my... View More
answered on Dec 12, 2024
The date is for the arraignment. This is not a pretrial or trial. Plus you have to be careful what you say. Anything you say can and will be used against you. They will appoint you the public defender to represent you. They will be able to best advise and represent you. Good luck with your case.
Details:
The alleged incident (misdemeanor: violation of a court custody visitation schedule order) occurred in March 2023.
The case was filed in court in September 2023, pausing the statute of limitations.
In December 2024, the case was dismissed without prejudice due to... View More
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answered on Dec 11, 2024
In California law, when a case is dismissed without prejudice, the statute of limitations is temporarily paused (tolled) during the time the case was pending, but it resumes running from where it left off after the dismissal. This means you would add together the time that passed before the initial... View More
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.
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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
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
answered on Dec 11, 2024
Most likely you have already dealt with this so my giving my two cents probably does not make a difference. Most of what you stated would be reasons to recall the warrant and get the case going. It really does not go to whether you can dismiss the case but when you go in or already did go in, the... View More
I have completed all my court related requirements.
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.
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??
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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
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
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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
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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
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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
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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
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
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.
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?
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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
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
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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
County. What happens now? Will he be picked up by the other county?
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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
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
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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
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
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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
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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
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?
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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
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