Get free answers to your DUI / DWI legal questions from lawyers in your area.
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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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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... View More
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
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
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
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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... View More
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
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
I got a DUI in California and I’m required to do a 9mo DUI program.
I didn’t read my paperwork well after court and I’m finding out I’m behind on the deadlines they gave me to start.
On my court paperwork it says that I had 7 days to enroll in the program which I missed.... View More
answered on Jan 2, 2024
Congratulations on prevailing at the DMV Administrative Per Se Hearing. That makes your pathway a little easier. A lot of folks do not realize that when you get a DUI, you have two battles you are facing, and potentially two DMV suspensions: one from the criminal side, and the other is the DMV... View More
I have only had my arraignment but my BAC was 0.12 and I have already taken AA classes. Can my attorney be able to reduce my charges from a DUI to wet reckless?
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answered on Dec 23, 2023
In California, a "wet reckless" charge is a common plea bargain in DUI cases, particularly for first-time offenders or where the evidence may not strongly support a DUI conviction. This charge is formally known as a reckless driving involving alcohol charge.
Your Blood Alcohol... View More
decided to go to a little kickback after a long time. officer said i was swerving but i know i was not because i knew where i was going, where i was going and with who. never have i broken any laws (nor do i plan to) and feel scared. i am an university student about to enter their last semester.... View More
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answered on Dec 21, 2023
The good news is that you have a moderate alleged BAC. A criminal conviction, depending on whether it's a DUI conviction, or something lesser, can affect your employment, your driver's license status and many other things. Find the best attorney you can right now to help you and protect... View More
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answered on Dec 19, 2023
In California, when facing a situation where a spouse is involved in a DUI accident with a vehicle registered in your name, there are several legal considerations to keep in mind. First, it's important to understand that as the registered owner, you could potentially be held liable for damages... View More
I constantly see videos where street racing cars get pulled over or a motorcycle group is being chased by police and police only pulls one of them over but typical the one getting pulled over is the only one NOT doing what the others are doing such as speeding, swerving threw traffic, or doing... View More
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answered on Dec 2, 2023
Under California law, individuals are typically responsible for their own actions while operating a vehicle. You cannot be legally charged for traffic violations committed by others, even if they are friends or family members. If you are part of a group, such as a motorcycle convoy, and others in... View More
I have 2 misdemeanors and a dui was wondering how far back a live scan goes because I want to become a CNA and they require a live scan before enrollment.
answered on Nov 27, 2023
For any license or credential given by an agency in CA, any livescan will pull up a person's entire criminal history as it is stored in the DOJ repository. However, agencies prefer to see cases that have been expunged or sealed for dozens of reasons. If the 2 misdemeanors and DUI you have in... View More
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answered on Nov 18, 2023
Under California law, a parole officer's authority to conduct searches is primarily focused on the parolee, in this case, your husband. The parole officer has the right to search your husband and his property, including areas of a shared residence where your husband has access or control.... View More
My partner was charged with a misdemeanor DUI with bodily injury (me) in 2021. He was ordered by the court to 3 days in jail, a fine, DUI classes and 1 year license suspension. All of which he completed. When he went to reinstate his driver's license, DMV said he needed to contact the MAU.... View More
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answered on Nov 11, 2023
Under California law, even if an Ignition Interlock Device (IID) was not mandated by the court, the Department of Motor Vehicles (DMV) may require it as a condition for reinstating a driver's license after a DUI conviction. This is especially true in cases involving DUI with bodily injury. The... View More
1st time offender, misdemeanor DUI. Completed the 9-month program, M.A.D.D., & paid restitution. Due to my job, finances, and not having a car I haven't been able to complete labor. I asked the judge to convert my fees & labor to jail. How much time do you think I will serve in LA County Jail?
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answered on Oct 21, 2023
In Los Angeles County, inmates serving time for misdemeanor offenses typically do not serve their full sentence due to jail overcrowding and other factors. The actual time served can vary, but often, inmates might serve as little as 10% to 20% of their sentence. Given you've been sentenced to... View More
I was recently arrested for misdemeanor dui, and released the same day. The next day a lawyer sent an email addressed to me talking about his services, but the email address he sent it to is not mine. It happens to be an immediate family member. This has caused a drift within my family. They... View More
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answered on Sep 28, 2023
If you believe that your privacy has been violated due to the disclosure of your misdemeanor DUI arrest to a family member by the lawyer, you may want to consult with an attorney to explore potential legal remedies. In California, there are laws that protect individuals' privacy rights, and... View More
On 06-06-2021, a drunk driver with a rental car from hertz hit me, he was taking into custody and months later was made to under pay me. rental company Hertz denied the claim becuase the rentee didnt return the car on time, i was paid less then $2000 for car damages from the drunk driver out of... View More
answered on Sep 8, 2023
No, you cannot. 49 U.S.C. § 30106, the Graves Amendment, preempted state laws that made rental vehicle owners' liable for the permissive use of the vehicle. Rental companies do not carry that liability and are not responsible for their renter's negligence, unless you can find some... View More
I have some old videos on YouTube 8 years old and Iam doing some illegal activities in them , is there somthing like ,”that after a certain amount of time passes I can’t get in trouble” , or or can police find the videos and create a a case? Even tho it was 8 years ago
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answered on Aug 29, 2023
The statute of limitations for criminal offenses in California varies depending on the type of crime, but some crimes have statutes of limitations that could exceed 8 years. Generally, the clock starts ticking when the crime is committed, although there are exceptions that could extend this period.... View More
probation violation case. informed both public defender and private attorney with more than a months' notice to withdraw plea. The public defender initially bullied and intimidated me into the plea after i had asked her numerous times to take the case in front of the judge. the hired attorney... View More
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answered on Aug 20, 2023
In this situation, you should immediately seek legal assistance to file a motion to withdraw your plea. Present the evidence of your attempts to communicate your desire to both attorneys and their lack of action. The court may consider these factors when deciding whether to allow you to withdraw... View More
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answered on Jul 30, 2023
If your husband received a DUI in Colorado in 2016 and never appeared in court, he should immediately consult a California attorney with experience in DUI and interstate legal matters to assess the situation and determine the best course of action. Failing to appear in court can result in serious... View More
Hi,
I have situation in hand that I need an immigration attorneys opinion on. I am currently on my H1B visa. My employers applied for my perm this February 2023.
Recently unfortunately I was pulled over and arrested for alleged DUI. I only had couple drinks but my breathalyzer test... View More
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answered on Jul 13, 2023
I am an attorney licensed in California, and I can provide some general information regarding the potential impact of a DUI arrest on your H1B visa and Permanent Labor Certification (PERM) process. A DUI arrest can have serious consequences on your immigration status. USCIS has the authority to... View More
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