Get free answers to your DUI / DWI legal questions from lawyers in your area.
I got my 2nd offence DUI in 2010, I served time but got a failure to appeare on my second follow court, so now I have a bench warrant.. During that time I was on a deployment in Asia, following that I went to Afghanistan and just got back in October 2012. I was just honorably discharged today,... View More 
answered on Nov 5, 2013
Sorry nobody replied to this sooner, but here's how you would handle it:
There should be no trouble going to court with documentation of why you were unable to make the appearances and get the FTAs forgiven 100%. You could accomplish this with counsel or on your own if you feel... View More
answered on Nov 5, 2013
If you BAC is under .08, the DMV will not take action against your license which means you will not suffer a hard suspension (on a first DUI). You are also unlikely to suffer any kind of soft suspension either.
answered on Nov 26, 2012
Yes, you probably can if the person was not in actual control of the vehicle.
He pulled off the highway as he was tired, sleeping for 20 minutes when the officer came by. He was stopped. He had a rifle. They arrested him but no charges have yet been filed. How long does the DA have to file charges?
answered on Oct 19, 2012
In California, the statute of limitations to file a charge on misdemeanor DUI is 1 year from the date of offense.
I was not cited for probable cause. Do I have any recourse?
answered on Sep 4, 2012
Call the cop and ask them to also cite you for the infraction too so you have more of a fine! Please don't do that. You can file a motion to suppress the evidence seized after the alleged illegal stop and DUI arrest, but the fact you did not receive a citation for the reason you were... View More
I was wondering, what are my chances for diversion?
answered on Jul 22, 2012
Depends on the courthouse you are in and if you have a prior record. Contact a locally experienced criminal defense attorney ASAP.
In order to reinstate my driver's license, the DMV is mandating I attend a first offender DUI alcohol program. I must have a court order / referral before I am able to enroll into any of the first offender programs available. The problem is that I do not have a court order or referral... View More
answered on May 18, 2012
Where are you located? Ordinarily you do NOT need a court order to enroll in the First Conviction Program as it is mandated by the DMV as part of the administrative per se license suspension even if there is no conviction for DUI. Contact us for a free consultation at 213-289-9400.
answered on May 3, 2012
It depends. What were the sentencing/probation terms? Certain jurisdictions have what some call "abstaining orders" where you can be in violation for being in or near a liquor store or bar. Without more information, it is difficult to say.
answered on Mar 6, 2012
Not if an ICE hold has already been placed. If there is no hold, and only the DUI bail, bail out ASAP.
Got drunk at a bar and was attacked by two people outside. Went to my car to get away and drove 300 feet in a parking lot and parked. Someone called the police to report a fight and someone at the bar pointed to my car as the cops pulled up. Arrested for DUI and a blood test later showed i was .22
answered on Dec 2, 2011
You can certainly bring that necessity defense at your DUI DMV hearing in California. How successful you will be is another story. Emphasis really needs to be placed on what grave harm you would have faced had you not drove those 300 feet.
Consult with a locally experienced criminal... View More
Were expired and pulls me over. Get DUI. No radio logs show him running my plates until 25 minutes after the stop.
answered on Oct 13, 2011
Look into filing a Penal Code 1538.5 motion to suppress all evidence obtained after the questionable stop of your vehicle.
answered on Oct 13, 2011
how can we possibly answer that question with zero facts about your case?
answered on Nov 17, 2011
Of course....you broke the law! I doubt your circumstances rise to that of a necessity defense.
answered on Jul 11, 2011
In order to get this type of license you must submit an application with the DMV. However, if this is for a DUI suspension you received, you may be able to ask the judge for a restricted license which will allow you to drive to work and school if you are enrolled.
answered on Jul 11, 2011
Can't hurt to ask DMV and/or your attorney, but I wouldn't get my hopes up if I were you. It appears you have more pressing concerns.
answered on May 22, 2011
that depends on if you are convicted in court, and if so, what charge. As well as if you win or lose your DMV hearing. For a court conviction of a DUI you are looking at no more than 6 months, however the longest you should be without any driving privilege (restricted or otherwise) should be 30... View More
I obtained the police report from my lawyer otherwise I never would have known. I do not have any money to hire an expensive lawyer.
I was not pulled over for driving intoxicated, but suspected expired tags. I had a document stating they were arriving and paid. Never charged with either... View More
answered on Apr 12, 2011
Why not? You might want to wait until your criminal case is over, but ask your current attorney who knows all the facts of your specific case.
answered on Apr 13, 2011
Yes, your driver's license is a privilege not a right. Thus, you are subject to the rules of DMV, as asinine as they may sometimes be.
answered on Mar 28, 2011
To obtain a case number you should simply go down the courthouse in the county you are looking in and provide name and birthdate if you have it. There are some couts that also have access to this type of information online, so you should check there first before going to the actual courthouse.
answered on Mar 28, 2011
You cannot get a critical need license for a DUI suspension if you are over 21. You can get a regular restricted license after 30 days of the DMV suspension if this is your first DUI. In order to obtain that license you would need to be enrolled in the first conviction DUI program and also have... View More
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