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I'm trying to understand the 3-strike laws. This person crashed into a Tesla on the 405, killing a young girl, while severely injuring her sister and father. At the time, He was already on felony probation for a 2015 DUI. What are the odds he gets 'struck out', considering the... View More 
answered on Feb 2, 2017
Nobody can give you a prediction. These facts should be discussed privately with a lawyer. 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 my law practice website. I... View More
The whole police report is conjoured up of all lies... Nothing in the report was spoken from my mouth. I've asked to subeona the audio from the police interrogation room and they cant locate an of them. 4 cops,1 a sargent and cant find ANY audio which wouild prove these cops made up a story/... View More
answered on Jan 23, 2017
You state you have a lawyer. s/he knows all the facts and is the best person to make that decision. Ask your lawyer.
Some people have mentioned the need for a partition between the driver and passengers for alcohol to be legally consumed by the passengers. I can't find anything about the partition or divider on the legal code. Anyone else ever see this?
answered on Jan 14, 2017
Limousines have such a partition where the driver cannot access the alcohol. Sprinter vans typically lack such a partition, making it illegal to consumer alcohol in them even if you're a passenger. The best first step is an Initial Consultation with an Attorney. You can read more about me on... View More
I still dont know if the immigration officers have a hoLd on him... But i dont want him to get deported... What are my options? Is there anything i can do to keep him in thr country?
answered on Jan 17, 2017
You can help him hire a criminal defense attorney and an immigration attorney. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or... View More
I am currently living in Northern California. Can I take care of this issue from here?
answered on Jan 2, 2017
No, an appearance on your behalf will be required in the court that issued the bench warrant. However, pursuant to section 977 of the California Penal Code your attorney can appear for you on your behalf at every stage of the court proceedings including the final disposition. I recently handled a... View More
answered on Jan 17, 2017
There are insufficient facts presented in your question. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... View More
- his wife called the cops and told them to give him a breathalyzer test and they did and sent it to the probation officer. Can his wife just call any time? Don't think that's fair.
answered on Dec 20, 2016
Probably. A typical term of probation for a DUI is that you (1) can't drink, and (2) are subject to search by any law enforcement officer at any time for any reason. One would hope that our spouse is there to help and encourage us, but that's not always the case. Some spouses are exactly... View More
answered on Dec 9, 2016
No, there is not right to an attorney when you are taking a field sobriety test.
We are flying out of state later this week for the holidays — we will only be gone for two days. Is this going to be a problem?
Should it be dropped or what should i expect
answered on Dec 9, 2016
You can wait for them to contact you and continue to check weekly. It can take a couple months in busy courts. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions,... View More
I was released after my blood was drawn per penal code 849...and I don't have a notice to appear in court
answered on Feb 7, 2017
Why was your license taken? Was it a valid license? Contact the police department via an attorney. Are you sure there's no criminal charge against you? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney.... View More
answered on Oct 30, 2016
There's no way to know without knowing what happened that resulted in this second DUI case.
answered on Oct 30, 2016
The 8th Amendment covers both "excessive bail" and "cruel and unusual punishments". You don't specify how your rights may have been violated. Either way, if you believe the judge violated your rights under the 8th Amendment, discuss your concerns with your defense attorney.
..prosecution sent a letter to the independent lab saying that there was not enough blood to send a sample for testing.
Will the case be dismissed since 17 1219.1(b) was not observed..??
answered on Dec 9, 2016
There are various procedures to try to exclude evidence. Here's 17 CCR 1219: http://www.drugdetection.net/pdf%20documents/title%2017%20california%20code%20of%20regulations%20jan%202006.pdf. This provides for the procedure for collecting blood samples. If this procedure was violated, your... View More
Is there anything I can do?
answered on Oct 19, 2016
Probably not. Refusal to take a breath test does indeed result in automatic license suspension under the Vehicle Code (section 13353(a)), even if you are found not guilty of DUI. The officer does have to tell you this, though, (section 23612(a)(1)(D)), but proving this will likely be very... View More
Petitioner (father) and I have joint custody of our 3 yr old daughter. Father is on probation for 5 yrs for being convicted of his 3rd DUI. He has no license but his girlfriend drives him and my daughter to the liquor store on the way home from work every day. I've been thinking about hiring a... View More
answered on Oct 20, 2016
Credibility of evidence is for the judge to decide. A video can be admitted into evidence in any given case if it is relevant and the proper foundation is laid.
I took 18mo alcohol program in Wa state. Ca. DMV will not allow another states program however since program was completed in another state, if I file form 1650, show proof of residency in another state with a utility bill in my name, and maintain a valid SR-22 Ca DMV will remove the hold allowing... View More
answered on Feb 7, 2017
You can research your case at your local law library, and you may access free forms there as well. 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
answered on Oct 15, 2016
There is no charge in your home state, however if you are convicted in the foreign jurisdiction, that conviction will be reported to your home state, which can then act against your driver's license under your state's laws.
answered on Oct 15, 2016
Under the US Constitution, you are entitled to trial by jury in any criminal case which carries the potential of incarceration. You must make sure to follow court procedures in asserting this right. You would be foolish to go to trial, bench or jury, without legal counsel.
- isn't there a law where if I get another one that won't get counted against me?
answered on Dec 16, 2016
If it is within 10 years, then it is considered a prior. At 12 years, the new one should be treated as a first. Keep in mind that we are talking about the date of conviction and not the date of arrest. Good Luck
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