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California DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for California on
Q: Statutory DUI laws prior to 2009 in California.

July 2009 is when Calif courts reliquished controll or juristiction to DMV on all DUI enforment of statutory laws. Prior to that the Judge decided all aspects like school, interlock dev. Ect. DMV now says it has jurisdiction over cases even prior to 2009. Ex Post Facto comes to mind. Is this true?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jun 23, 2019

The DMV has always had jurisdiction over licensing matters, nothing changed in 2009.

3 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for California on
Q: Pro bono ?

Dui (drugs) / great bodily injury/ involuntary vehicular manslaugther.

Pro bono attorney in San Bernardino , Ca.

William John Light
William John Light
answered on Jun 16, 2019

Get a public defender. If you want a private attorney, you will have to pay, and for those charges, it isn't cheap. Time to call on your family and friends to chip in.

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6 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Personal Injury for California on
Q: Dui accident on 06/13/19 , charged with involuntary vehicular manslaughter/ great bodily injury in,San Bernardino county

Accident was caused by , the negligence of a semi truck driver makeing a sudden illegal u-turn .

Clearly marked "NO U-TURNS"!

In a marked 50 mph zone.

William John Light
William John Light
answered on Jun 16, 2019

There could be a personal injury claim arising out of this for the decedent and any injured. Consult with a PI attorney.

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2 Answers | Asked in DUI / DWI for California on
Q: What is the process of getting your drivers license back after being revoked. Lived in Illinois now in Texas.

yes this was a DUI. person served time in jail and prison, met his drug and alcohol classes been off parole for 2 years. Needs his

license for work. Currently walking to work. Where do we begin?

Thank you

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jun 13, 2019

Assuming your DUI conviction and license suspension is based on an incident in CA, you need to call California DMV Mandatory Actions Unit (1.916.657.6525) and ask them how to reinstate your CA driving privilege (if you had a non-CA drivers license) or get your CA license reinstated,

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3 Answers | Asked in DUI / DWI for California on
Q: Had 2 drinks, car was parked, was sleeping, police knocked on window motion to roll down. Gave sobriety test then ask ,t

take breathalyzer ask if I had to he said no, I only said ok and then was arrested.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on May 8, 2019

OK, I understand the underlying situation, do you have a question?

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2 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: Am I liable to pay for someone else DUI fees and other fees when registering a salvage title car?

My brother just bought a used car from a site like Craigslist. He went to go register it and found out it has DUI fees and other penalties from the original owner(I have a picture). Is he really liable to pay those?

No contact was signed besides a bill of sale and they did have the title on... View More

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Apr 10, 2019

It depends on the terms of the contract.

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2 Answers | Asked in DUI / DWI for California on
Q: went to dmv to get my license was told i had to complete 18 month sb38 is there anyway around this in california
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Apr 9, 2019

No, probably not, you can call Mandatory Actions, 1.916.657.6525 and ask directly but it's unlikely unless you live out of state.

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2 Answers | Asked in DUI / DWI for California on
Q: I have a suspended California driver’s license, for my 2nd DUI.

Nothing additional

Dale S. Gribow
Dale S. Gribow
answered on Apr 7, 2019

More info is needed to properly evaluate your case. Was Texas arrest on Calif BW?

A BW is issued what a defendant does not do everything demanded by the court on their plea.

However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to...
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3 Answers | Asked in DUI / DWI for California on
Q: I got arrest I’m 2008 and the jail put my day of birth wrong. I would like to know when I go to ca d Dmv and put m

My finger prints it will show

Dale S. Gribow
Dale S. Gribow
answered on Mar 23, 2019

More info is needed to properly evaluate your case. Are you saying you had an arrest in 2008 and case is pending or over? i would need more info to advise you if you should alert DMV. However as a rule i think we should not wake sleeping dogs.......you did nothing wrong, the jail did.... View More

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Is there an ADIS-equivalent class here in California?

I had a DUI reduced to Reckless Driving in Washington back in 2015. The court has released my license since then, but the state of WA demands that I get this class done if I want my license again in California.

I'd really like to drive for myself again but I have no way of getting to... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 26, 2019

more info needed.

however, you have to look to what Washington demands.

we are doing the same thing with a Calif DUI with a client living in Hawaii.

the best thing is to check with a company that handles it in your state and see if they can refer to someone.

a class...
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3 Answers | Asked in Divorce, DUI / DWI, Employment Law and Personal Injury for California on
Q: Is it possible to over turn a DUI conviction?..like when they say you blew a .89 and your 5'11"@ 160..help pls
Alexander Bakhache Perez
Alexander Bakhache Perez
answered on Feb 21, 2019

You should contact a local attorney that handles DUI cases near your area to ask for a free consult and review the facts of your case. The case will depend on how the evidence was obtained and the details regarding the stop and arrest as well as review the procedure and evidence that is in your... View More

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1 Answer | Asked in DUI / DWI and Small Claims for California on
Q: Can I sue for defamation of being accused of DUI when I was pulled over and never charged

I was accused by my brother for hitting his car with my truck and driving drunk. I was pulled over but never found to be drunk. Cops responded to my brothers home and they found that I didn't hit his car. I want to sue for defamation. Do I have grounds to do so?

Dale S. Gribow
Dale S. Gribow
answered on Feb 10, 2019

more info needed but anyone can sue for anything at any time.

the question is will you win and do you want to spend the money on an attorney billing you hourly for their work.

my suggestion is save your money..

1 Answer | Asked in DUI / DWI for California on
Q: what is the penal code for DUI in ca.?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Feb 5, 2019

It isn't part of the Penal Code, it's codified in the Vehicle Code, there are several sections.

1 Answer | Asked in DUI / DWI for California on
Q: Is not offered choice of a Urine Test in CALIF Dui arrest, a valid defense against a "chemical test refusal charge?

I refused breath test; chose blood test. Given blood draw consent form; it included statement: "I am NOT a person who has a heart condition and NOT a person who takes anticoagulant medication". Officer was informed I do have a heart condition and I do take anticoagulant medication; I... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 21, 2019

NO

calif no longer offers Urine tests b/c they have been determined to not be as accurate as

blood and breath......

5 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: How do I get someone's insurance and driver license after an accident after he is arrested?

Another car and I were involved in a car accident by a guy who was speeding 80mph. I was hit first, then he tired to get away and hit another car, and then he tired to get away but he only got half a mile before crashing into a school. This happened at night so no students were around.... View More

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jan 19, 2019

Call the police, if the driver was arrested they will have the information you need. You should have "uninsured motorist" coverage which will help you if the other driver is uninsured, there is also a restitution process that may be initiated if the other driver is found guilty of a... View More

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2 Answers | Asked in Criminal Law, DUI / DWI, Family Law and Traffic Tickets for California on
Q: California dept of child support services license reinstatement , effective when they release or when DMV reinstates ?

My license was suspended for falling behind $30 on child support. As a deadbeat father who drives commercially for a living , I understand that this punishment of losing my livelihood is well deserved. Since it made no sense at all to the representative I spoke to at DCSS that this suspension took... View More

Steven McNicholl
Steven McNicholl
answered on Jan 19, 2019

The DMV is its own separate system from the court and DCSS. You need to contact the DMV to determine the status of your license and reinstate through them. Nothing outside the DMV will automatically reinstate your drivers license.

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2 Answers | Asked in DUI / DWI for California on
Q: I blew through a breathalyzer, but was not told what my BAC level was? the same thing happened at the station

I was stopped for a suspicion of drunk driving at 3:30 am. I had a mixed drink at 11:00 pm and two beers after that. I felt completely sober (and I do understand how alcohol could still be in your system even if you don't feel it). I thought I passed the sobriety test since I did everything... View More

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jan 15, 2019

You should contact a local DUI Defense Attorney to discuss the facts and possible defenses. Many DUI Defense lawyers offer free consultations, if you were sober and did well on the field tests a lawyer should be able to use that to your advantage.

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3 Answers | Asked in DUI / DWI for California on
Q: Should I fight my DUI case

I am 19 years old I got the DUI 5 days ago. I was on the side of the road with my hazard lights on(did not get pulled over). CHP approached me and ask if I was drinking I said "no". They smelt alcohol in my car and asked me to perform some test. I know I passed all of them. However, I did... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 4, 2019

more info needed

if you don't fight you lose your license for 1 yr automatically.

if you have the money fight it or ask for court appointed lawyer to look into your defenses

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1 Answer | Asked in DUI / DWI for California on
Q: I missed the day to sign up for dui classes and I was told to ask judge for an extension will I be arrested if I go to

I was told I had to put myself back on the calendar to request an exention. Is there a possibility I will be taken into custody for failing to comply. I’m a week and a half over the date I should have signed up by.

Steven McNicholl
Steven McNicholl
answered on Jan 9, 2019

By not signing up for the DUI class you are in violation of probation. Many factors will determine if you are taken into custody. It is possible that the District Attorney will reinstate the terms of your probation, meaning the original terms will still be put back in effect. It will largely... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Immigration Law and International Law for California on
Q: I've been refused a J1visa twice due to a DUI for ommitting the arrest on the application, how can I be able to use esta

Currently a masters student in France, I was supposed to go on an exchange program with a J1visa in 2019. I have previously travelled to the US several times. The last time, in 2016, I unfortunately got a DUI. I have since gotten a lawyer and took care of it. This year, 2018, i did not mention my... View More

Allen C. Ladd
Allen C. Ladd
answered on Jan 4, 2019

You will not be able to travel to the USA with a DUI arrest (even without conviction) within the past 5 years, because you are a public danger. You will need to get clearance from a "panel physician" who is on contract with the US consulate in France. Go to the consulate's website,... View More

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