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California DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI, Juvenile Law and Traffic Tickets for California on
Q: What happened if u drive when ur 14 alone
Dale S. Gribow
Dale S. Gribow
answered on Oct 28, 2017

YOU WOULD BE ARRESTED AND AT WORST IT IS A JUV CT ISSUE BUT DMV MAY PRECLUDE YOU FROM GETTING A LICENSE FOR A PERIOD OF TIME WHEN YOU ARE ELIGIBLE.

MY ADVICE........DO NOT DO IT

2 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: My friend had a couple DUI fifteen years ago, recently got another and wreaked his car. Will there be jail time
Dale S. Gribow
Dale S. Gribow
answered on Oct 25, 2017

every court house and courtroom has their own policy.

here in the Indio Court they ask for Jail on ALL DUI's............however we trade the jail for home arrest with an ankle bracelet or community service on our cases.

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2 Answers | Asked in DUI / DWI for California on
Q: Do people convicted of a first-time DUI always lose their drivers licenses automatically?
Joshua Kaizuka
Joshua Kaizuka
answered on Oct 13, 2017

When someone in California is convicted of a first time DUI, assuming that the blood alcohol level is less than a .20, then it will result in a six month suspension. In alcohol DUI cases, there is also a DMV administrative suspension which can result in a four month administrative suspension... View More

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1 Answer | Asked in Civil Litigation, DUI / DWI and Criminal Law for California on
Q: Does the STATUTE OF LIMITATIONS apply to cases that have been filed or haven't been filed or both. One is DWI

another case is petty shoptlifting under $250. and the last engaging in indescent abusive behavior while in public and loud noise.

Dale S. Gribow
Dale S. Gribow
answered on Oct 12, 2017

it is difficult to answer questions without having all the facts in front of the lawyer.

with a misdemeanor they normally a year to file.

if they file very late or even early and you were not made aware of the case then your lawyer would consider a Serna Motion to dismiss.......in...
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1 Answer | Asked in DUI / DWI for California on
Q: I got a DUI in Cali 3yrs ago and failed to pay the fees. I am now financially stable and want to know the next steps?

I got the DUI in West Hollywood Los Angeles. It was my first DUI. I showed up to all my court dates. At that time in my life I was irresponsible and I am now financially stable. I currently live in Phoenix Az. Do I need to get a DUI lawyer in California or can I get one in Phoenix? Or do I just... View More

William Mihrtad Paparian
William Mihrtad Paparian
answered on Oct 9, 2017

Unfortunately you will need to engage the services of a DUI lawyer in California. When you didn't pay your fines and fees

on time the court would have found you in violation of the terms and conditions of your probation. This isn't a DMV issue,

it's a court issue...
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1 Answer | Asked in DUI / DWI for California on
Q: I had a DUI 10 years ago. I completed all but last class last payment. $330.00 I owe the DUI class. Ten years no trouble
Dale S. Gribow
Dale S. Gribow
answered on Sep 29, 2017

if you have not done everything ordered at sentencing you are in violation.

every court treats it differently.........but i would pay it off..............now

3 Answers | Asked in DUI / DWI for California on
Q: Under what circumstances can the police search my car if I'm pulled over for DUI?
Alexander Bakhache Perez
Alexander Bakhache Perez
answered on Sep 27, 2017

Every time they can search your car if you get arrested and you were in or next to your car.

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7 Answers | Asked in DUI / DWI for California on
Q: At the time of my arrest, the officer said I had to contact the DMV within 10 days. Why?
Alexander Bakhache Perez
Alexander Bakhache Perez
answered on Sep 11, 2017

To request a DMV hearing timely so you can continue to drive while your DMV hearing is being set to be heard. If you hire a DUI attorney they will do the DMV hearing for you as well.

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5 Answers | Asked in DUI / DWI for California on
Q: If I get pulled over for drunk driving, can I refuse to answer the cop's questions until my attorney shows up?
Louis George Fazzi
Louis George Fazzi
answered on Sep 1, 2017

No. But you could try it. Silence will be construed to be knowledge of guilt. Part of the assessment of your ability to safely operate a motor vehicle is your ability to answer reasonable questions of the officer.

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3 Answers | Asked in DUI / DWI for California on
Q: Help: Want to fight DUI charge. Plead guilty under duress. Mistakes during arrest and on court records. Who can help me?

1. Spelled my name wrong - therefore, they were careless. This means they were likely to make other mistakes.

2. Was breathalyzer calibrated?

3. Officer was in training. Had no idea what he was doing. He was nervous and kept asking his trainer what to do.

4. I passed the... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2017

It is highly unlikely your plea can be undone, at this stage. You needed to fight, with a top rated lawyer.

Call Darryl Genis. He can quickly advise if you have any shot at a Mulligan.

805-966-0812

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: So I was in a car with my friend and he was taking me home about 5 minutes after driving we.get pulled over

And the police told me.he had three warrants Can the courts subpoena me as a witness and or a bystander due to the fact that I was with him in the vehicle

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 7, 2017

Yes. But, not sure they will, unless it has to do with a traffic offense he committed, in your presence.

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2 Answers | Asked in DUI / DWI for California on
Q: I got an owi in Iowa but I'm a California resident. My driving privileges are suspended 6 months in Iowa.

Will my California license be suspended

Alexander Bakhache Perez
Alexander Bakhache Perez
answered on Aug 1, 2017

yes eventually the CA DMV will find about the IOWA DMV, need to take care of the IOWA DMV matter sooner than later.

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2 Answers | Asked in DUI / DWI for California on
Q: Can you drink if your felony probation was dropped to a misdemeanor and summary/court probation?
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2017

This is not a question to post for guesswork. Talk to your lawyer, and ask about your SPECIFIC case. Judges can tailor their sentences to include no drinking, while on probation.

You likely have not asked your lawyer, because you already know that the answer is NO.

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2 Answers | Asked in DUI / DWI for California on
Q: I was not read my Miranda rights before or after questioned and arrested for dui. why?

The reason 4 park rangers pulled me over at the same time was my ex called and said I was going to hurt myself. Once they questioned me and saw I was ok, they made me get out and perform sobriety tests which I passed. It was then they said I was speeding and swerving and that was the reason they... View More

Sergio H. Benavides
Sergio H. Benavides
answered on Jul 24, 2017

Police are entitled to do "investigative questioning" without reading your Miranda rights. Once you are arrested, usually handcuffed, then they are required to read you your rights. The problem is that often the officers will gather everything they need for a DUI conviction during their... View More

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4 Answers | Asked in DUI / DWI for California on
Q: Is it possible to refuse a breathalyzer test?
Roland Bakhache Perez
Roland Bakhache Perez
answered on Jul 19, 2017

Yes you can do a blood test if you wish, but they will probably make an arrest and take you to station to do the tests at the station. You can refuse all tests but then you will be charged with a Refussal, then they can still do a forced Blood Draw with a warrant.

Did this happen to you. if...
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1 Answer | Asked in DUI / DWI for California on
Q: Do I have to pay emergency renburstment for accident if not found guilty on. Dui charge d.a reject
Roland Bakhache Perez
Roland Bakhache Perez
answered on Jul 6, 2017

It is a civil matter- if not paid it goes through civil collections, the standards are different than those in a criminal case. DA - reject and a not guilty are two different results from a criminal case.

I would call/ and or write a letter to find out how to challenge bill process for the...
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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: How do I contest a very old Open Bench Warrant?

*Edit: I reached out to the courts again. This time I got a bit more information. Despite the background check stating the Bench Warrant was because of failure to show, the clerk stated it is because of an unpaid fine. She states it shows I made a payment but there is still a balance. The fine... View More

Kevin E Mitchell
Kevin E Mitchell
answered on Aug 15, 2017

I would advise you to contact the public defender's office in the county where the warrant was issued. They may be able to assist you or refer you to someone in the area who can.

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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: How do I clear an incorrect old Open Bench Warrant.

Unfortunately, because it is so long ago, I have no documentation. I cannot even remember the Bail company name. Things I remember:

1) I had a public defender

2) Judge reduced to misdemeanor and I was issued..I think $300 fine which I paid the same day.

3) I was issued a... View More

Roland Bakhache Perez
Roland Bakhache Perez
answered on Jul 3, 2017

You need to walk the case on, that means go to court at 8am stand in line to have them pull your case file and sent to a courtroom to see a judge. You can hire an attorney to go with you if you want or you can do this yourself.

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1 Answer | Asked in DUI / DWI for California on
Q: I have gotten a ticket in the state of Georgia 20 years ago for DUI at a checkpoint well I paid most of it before I move

Since It's been so long could I be eligible to get a California state driver's license since I haven't been in any trouble I think 20 years is punishment enough without having any license in any state.

Dale S. Gribow
Dale S. Gribow
answered on Sep 29, 2017

NUMBER ONE IT WAS NOT A TICKET LIKE A TRAFFIC TICKET. IT WAS WRITTEN ON A CITATION THAT LOOKS LIKE AT TRAFFIC TIX.....IT WAS TANTAMOUNT TO AN ARREST.

GO TO CALIFORNIA DMV AND PAY ABOUT $6 TO GET A COPY OF YOUR DRIVING RECORD. CHANCES ARE IT WILL NOT BE ON IT AND YOU CAN MAKE AN APPOINTMENT...
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