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California DUI / DWI Questions & Answers
3 Answers | Asked in Civil Rights, DUI / DWI and Municipal Law for California on
Q: What is my best option for contesting a Civil Citation for possessing alcohol on the beach?

I recently received a civil citation for possession of alcohol on the beach in Huntington Beach CA. The fine associated with the ticket is $125. I was considering contesting due to financial hardship as I'm a recent graduate and still have $75k plus in student loan debt that I am actively... View More

Louis George Fazzi
Louis George Fazzi
answered on Jun 25, 2017

If you can offer proof that the date of the ticket is the wrong day, i.e. some evidence of where you were at the same time on the day the ticket was dated, then you might have a good shot at getting a not guilty for the ticket. You'll have to contest it by appearing and pleading not guilty.... View More

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1 Answer | Asked in DUI / DWI for California on
Q: What is the deadline to file an appeal after a a served court order is received by mail. This is for a writ of mandate.

What is the deadline to file an appeal after a a served court order is received by mail. This is for a writ of mandate 1094.5 is it 60 or 180 days? The case is still shows as open. Lets say as an example if the order was stamped and mailed on 2/7/17.

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 21, 2017

It depends on the case. See: http://www.occourts.org/self-help/criminal/criminalappeals.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,...
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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: I was recently stopped for failure to maintain lane and after brief explanation I was let go

I stopped after this at a gas station for roughly 15 minutes, I then continued on my route home only to be pulled over by the very same cop for doing nothing at all! When I asked the cop "why did you stop me?" His response was "why didn't I stop?" I replied I did stop back... View More

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

The way you describe it, it sounds unlawful. What the cop has to say to justify the reasonableness of his decision to stop you twice is what matters. If you are charged, ask your attorney to investigate and file a motion to suppress. Whether or not you are charged, you may still file a complaint... View More

5 Answers | Asked in DUI / DWI for California on
Q: If I'm a California resident but get caught driving under the influence in a different state, can I get charged there

and would I have to travel to appear in court there?

David Dastrup
David Dastrup
answered on Jun 13, 2017

Yes, and it depends on that state's laws.

You most certainly can be charged with a crime where it was committed and held to answer at that location.

Whether or not you may appear in court through an attorney without you being personally present, depends on that state's...
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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Have to serve jail time in AZ. I live in California. How do I look for a jail in my hometown to do the jail the time?
David Dastrup
David Dastrup
answered on May 24, 2017

"City Jail" or "Private Jail" is when someone gets approval from a court to do jail at a local police department's jail instead of county jail. You can search online or call your local police department and find out if they do this. If they do, they usually have strict... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: I got to do jail time from another state. I was an out of state visitor. How do I go about looking and asking?
Vincent John Tucci
Vincent John Tucci
answered on May 23, 2017

Where do you live ? Who is your out of state lawyer? What were the charges that you pled guilty to ? Do you have any history of violence or convictions for the same?

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3 Answers | Asked in DUI / DWI for California on
Q: Is it legal for a job application to ask me if I've ever been charged with a DUI? The job doesn't involve driving.
Ali Shahrestani,
Ali Shahrestani,
answered on May 8, 2017

See: https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/californiaarrestsandconvictions.aspx

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my...
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2 Answers | Asked in DUI / DWI for California on
Q: I need a PD for 1 DUI. Cannot afford a lawyer. Will I be able to obtain one ?
Vincent John Tucci
Vincent John Tucci
answered on May 18, 2017

Here is a great answer to that question that our local public defender's office has on their website...

"In most cases deputy public defenders are appointed by the court. If you are charged with a crime and cannot afford to hire an attorney, ask the court to appoint a public...
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2 Answers | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Constitutional Law for California on
Q: Am I protected under the 14 amendment right 2 travel driving w out a driver's license in the state of CA. I have been

Told technically that I don't have 2 gave one as long as I sign all legal documents w a certain penal code! But I don't know which one!!??

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 24, 2017

To drive a car on public roads, you're required to have a state issued driver's license. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More

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1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: My fiance is currently in a Immigration detention center for a dui. Has no other criminal record. Can he be deported?

Was brought here when he was only 6 years old.

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 21, 2017

Any person that does not have a valid visa or LPR status is subject to deportation. You have not provided enough information to determine whether he has a basis for remaining in the USA. He may be eligible for DACA however if convicted of the DUI he may be disqualified. The best thing you can do... View More

1 Answer | Asked in DUI / DWI for California on
Q: What does it mean when someone turns himself into jail and the type of arrest is listed as commitment?
Kevin E Mitchell
Kevin E Mitchell
answered on Aug 15, 2017

That sounds like a situation where a sentence including a jail or prison term was already pronounced or ordered by a judge and that all or some potion of that term remained to be served.

1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: Fiance is in a detention facility has a DUI can he get deported for that?
Sholeh Iravantchi
Sholeh Iravantchi
answered on Apr 14, 2017

That depends upon his prior criminal record. Need more information regarding his record in order to respond.

1 Answer | Asked in DUI / DWI for California on
Q: If I get in an out-of-state DUI accident, where should I hire an attorney to represent me: my home state or the state in

which the accident occurred?

Sergio H. Benavides
Sergio H. Benavides
answered on Apr 11, 2017

You would need to hire an attorney from the state in which the accident occurred, since that is where you'll be dealing with the charges and that is where the attorney will have a license to practice.

2 Answers | Asked in DUI / DWI, Civil Rights and Traffic Tickets for California on
Q: Can I sue a police officer for threatening to give my mom a jaywalking fine even though she wasn't jaywalking?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 30, 2017

You can report abuse of authority to the PD. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on... View More

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2 Answers | Asked in DUI / DWI for California on
Q: my son is 23 yr old and has alot to lose. he has a hearing on the 21st. now what do i do? what is the down payment
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 18, 2017

Typically attorney fees for 1st time DUI's can run around $3000 to $5000, depending on the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More

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1 Answer | Asked in DUI / DWI for California on
Q: my son just got a misdemeanor DUI and infraction for unsafe speed. what do i do
William Mihrtad Paparian
William Mihrtad Paparian
answered on Mar 18, 2017

If your son is under 21 years of age there are some serious consequences. You should consult with an experienced criminal defense attorney. You have 10 days from the date of his arrest to contact the DMV and request a hearing on the suspension of his license. This is separate and apart from his... View More

2 Answers | Asked in DUI / DWI for California on
Q: What requirements does a police officer need to meet to justify pulling me over on the suspicion of drunk driving?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 17, 2017

Reasonable suspicion is required to pull someone over. That's a pretty low bar. Swerving, a tail-light out, visual queues of drunkenness, a cell phone violation or other traffic violation, etc. would suffice. More details are necessary to provide a professional analysis of your issue. The best... View More

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1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: Filing citizenship or renewing my permanent resident card with DUI on my record?

Long Beach, CA | 20 hours ago

I have one DUI on my record that happen 8/11/12 in Los Angeles county and convicted 6/4/2013 with count 02 Charge Section 23152(B) and count 01 Charge Section 23152(A) was dismissed. I complied with the court and DMV prerequisites to complete my case. As an... View More

Sergio H. Benavides
Sergio H. Benavides
answered on Feb 25, 2017

When you have a criminal record, and you want to apply for citizenship, you seriously need the help of an attorney to analyze your situation very carefully. Whether or not to file citizenship is a difficult question, because immigration authorities look at someone's criminal record in a... View More

2 Answers | Asked in DUI / DWI for California on
Q: Is any officer who stops you able to do a field sobriety test, or do they have to be certified first?
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2017

State police training laws control that, but any officer CAN ask person to try to do anything, but 100% of all roadside tests are VOLUNTARY, OPTIONAL and not required. If suspected of DUI, I recommend NEVER attempting ANY roadside tests of any type. They are not SCIENTIFIC, and are prone to a... View More

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1 Answer | Asked in DUI / DWI for California on
Q: My boyfriend got a 2nd DUI back in 1993. License was suspended. licenses still suspended

Was suppose to take DUI classes.Does he still till this have to DUI classes! Got a new job good pay. He called DMV and was told he still needs to take DUI classes.Is that true?

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2017

Yes. Because the State controls license issuance, and driving is not a constitutional right, they will not clear him, until he complies, and pays reinstatement.

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