Lawyers, Answer Questions  & Get Points Log In
California DUI / DWI Questions & Answers
3 Answers | Asked in Child Support, DUI / DWI and Family Law for California on
Q: My ex has 2 DUI from not long ago and i just filed for child support. He claims this will send him to jail, is this true

Our child is currently one and throughout this time the father only shows up to see him 2-3 times a month for about 15 minutes. The financial support is in the form of formula and diapers and almost always comes from the fathers dad. I filled for child support and he is claiming that due to his two... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2020

Unlikely that your filing a Family Law request for Child Support (current Child Support) will send him to jail. If he were in contempt of Court Orders for Child support and this became a DA matter, possibly.

Justia disclaimers below, incorporated herein.

View More Answers

3 Answers | Asked in Child Support, DUI / DWI and Family Law for California on
Q: My ex has 2 DUI from not long ago and i just filed for child support. He claims this will send him to jail, is this true

Our child is currently one and throughout this time the father only shows up to see him 2-3 times a month for about 15 minutes. The financial support is in the form of formula and diapers and almost always comes from the fathers dad. I filled for child support and he is claiming that due to his two... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Sep 22, 2020

I don't think he can go to jail if a family court orders child support. If he violates that order he could have additional problems, including loss of driving privilege. But, he can get the order modified if his income changes so it's really up to him to keep on top of the child support order.

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: Can DMV just throw whatever amount of months they want me to do in alcohol and traffic classes if I served jail time.

2cd dui 18 years ago. Served 6 months in jail came out time served with nothing on me. Dui's are not on driving record. Iv never had a lisence at all. Dmv says oh wow ok just give me 3 months of classes then reinstate. A bit excessive on the punishment? I was never court ordered anything .... Read more »

Thomas Vinson Nash
Thomas Vinson Nash answered on Sep 14, 2020

DMV keeps a record of DUI convictions that may extend far beyond any print out you receive. DMV will generally demand that you take the classes that you were required to take after your DUI conviction, prior to obtaining a license, An 18 month class is required after a multiple DUI conviction. A... Read more »

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: I was charged for a 3rd dui on october 2019 i was supose to be sentenced in April can they still make me go jail

Is there anyway i can avoid jail since we are in covid 19 pandemic.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Sep 10, 2020

Your lawyer knows the most likely outcome. Many counties require actual jail time for third offenses, Los Angeles is well-known for being over crowded and for sentences being completed well before the actual release date. Your lawyer may be able to ask for a sentencing alternative and you may... Read more »

View More Answers

4 Answers | Asked in DUI / DWI for California on
Q: recently got a dui marijuana, I was given my license back after the arrest, do I need to schedule a dmv hearing?

an attorney I spoke to said I do not need to because they gave me back my license and I would like to know if that is true. they did not give me a pink slip that says my license would be suspended, so I'm assuming that is true. please let me know.

thank you all, your answers have been... Read more »

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Aug 31, 2020

Nope! Prescription or illicit drug DUI arrests don’t automatically trigger suspensions. You only lose your license if you are actually convicted of the DUI or they attempt to take it in another way.

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: If found innocent in court of dui am i still responsible for emergency response bill
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Aug 28, 2020

Probably, if you weren't drunk the statute permitting the emergency response costs doesn't apply

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: I was charged with dui even though i was NOT intoxicated. Do i still have to pay emer. response bill if found innocent?

if found innocent in court am i responsible for emergency response bill even though i was in a accident by myself.

Alexander Andryuschenko
Alexander Andryuschenko answered on Aug 27, 2020

In that situation, you would not have to pay the emergency response cost. (see GC 53150 and CHP v. Sup Court, a 2006 case). This requirement to pay is mostly for DUI + accidents or DUI + blocking roads etc. Look at the statute, it specifically requires being "under the influence".

View More Answers

4 Answers | Asked in DUI / DWI for California on
Q: I am being charged with a DUI and the city sent me a bill to cover expenses incurred by the P.D Emergency response. $806

I am going to court for this and have NOT been found guilty. Ive asked, e-mailed, and even wrote a letter to the city to stop harassing me. They continue to send letters stating that they will begin collection proceedings if i dont start making payments. What can I do?

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Aug 26, 2020

Not much. If an accident you caused while intoxicated caused an emergency response, by law, you are responsible for the costs. While you can dicker over priced, most of the time it’s not a winning proposition.

View More Answers

2 Answers | Asked in Child Custody and DUI / DWI for California on
Q: My ex got a DUI with my child in the car. Will I be affected My custody?

My child isn’t his child. But he is Raising him as so. He is not adopted. So legally, my child is nothing to my ex.

Dale S. Gribow
Dale S. Gribow answered on Aug 20, 2020

MORE INFO NEEDED.

DEPENDING ON THE FACTS, THEY MAY ARGUE NEGLIGENCE ON YOUR PART FOR ENTRUSTING YOUR CHILD WITH HIM.

HE WILL BE FACING MORE THAN A REGULAR DUI B/C OF THE CHILD IN THE CAR..........TELL HIM TO GET A LOCAL LAWYER ASAP

View More Answers

3 Answers | Asked in DUI / DWI for California on
Q: What does “credit for time served of 2 days plus 2 days good and work time for a total of 4 days.” mean?

I wasn’t told I would have to do work release for my DUI, but everyone I know that was convicted of DUI has had to do work release.

Dale S. Gribow
Dale S. Gribow answered on Jul 23, 2020

CLARIFICATION WOULD BE NICE BUT IT SOUNDS LIKE 4 DAYS AND CREDIT FOR PARTS OF 2 DAYS YOU WERE IN CUSTODY. IT SOUNDS LIKE A 4 DAY SENTENCE AND YOU ARE GETTING CR FOR 2 PLUS 2

OR 6 DAYS AND YOU HAVE DONE 2 AND CR FOR 2 MORE GOOD TIME............

I WOULD WANT TO SEE IF YOU ARE...
Read more »

View More Answers

1 Answer | Asked in Criminal Law, Divorce and DUI / DWI for California on
Q: Is it illegal to pay a court clerk to inform you when a celebrity court case is filed?
Maurice Mandel II
Maurice Mandel II answered on Jul 2, 2020

The law prohibits paying a public employee of any kind for them to provide you with personal services not available to the general public. This is called bribery. Both the person paying and the recipient are committing a crime.

Justia disclaimers below, incorporated herein.

3 Answers | Asked in Criminal Law, Divorce, DUI / DWI and Small Claims for California on
Q: Is there a way to get alerted when a celebrity court case is filed?
Dale S. Gribow
Dale S. Gribow answered on Jul 1, 2020

not that i know of.

my job was usually keeping the press away when celebs got arrested....

sometimes the police, Clerks or DA would notify press

View More Answers

3 Answers | Asked in DUI / DWI and Constitutional Law for California on
Q: Can a officer open my car while I’m sleep to ask me a question when I’m parked in a parking spot

After I was told to park and go to sleep

Dale S. Gribow
Dale S. Gribow answered on Jun 14, 2020

more info needed.

who told you it was ok to park there?

was it the owner?

was it b/c you were under the influence?

cops can investigate but more info needed

View More Answers

2 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: can my boyfriend and i move out of state if he got a DUI 3yrs ago?

He’s already completed everything he needed to do and paid all his fines. he just needs to get SR-22 and reinstate his license. are we able to move out of california and still be able to do so?

Alexander Andryuschenko
Alexander Andryuschenko answered on Jun 12, 2020

You can move out of state as long as he is not on a felony probation. Being on summary (usually misdemeanor) probation has no affect on your ability to move out of state (or even out of the country).

View More Answers

2 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Civil Rights for California on
Q: If I hit a side walk and telephone pole can another person stop me from seeking medical help?

1

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jun 11, 2020

I would encourage you to contact a local lawyer and have a meeting to discuss the facts of your case. If you were over the limit, involved in an accident and fled the scene without leaving your insurance or other contact information you are going to need a lawyer to defend you. Quite likely you... Read more »

View More Answers

3 Answers | Asked in Car Accidents, DUI / DWI and Insurance Defense for California on
Q: If you get a dui at 17 with no license or insurance and get in a crash what will happen

could you go to court alone if you are turning 18 before the court date ?

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on May 22, 2020

There are so many variables in this it’s hard to answer. The case will be handled in the juvenile courts. There certainly will be some very stiff punishments and more so if someone was injured. There will a significant license suspension of at least a year. Likely to be charged with multiple... Read more »

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: I received 2 DUIs with a month in 2013, very bad time in my life, is it at all possible for me to get a Class A license?

I have never had a Class A license before

Dale S. Gribow
Dale S. Gribow answered on May 18, 2020

MORE INFO NEEDED.

WITH A 2ND DUI WITHIN 10 YEARS, YOUR LICENSE IS SUSPENDED FOR 1 YEAR

HOWEVER, IF IT WERE A RECENT DUI YOU CAN INSTALL THE IGNITION INTERLOCK DEVICE. (IID)

YOU SAY THEY WERE BOTH IN 2013 SO YOU WOULD NOT BE ELIGIBLE FOR IID.

View More Answers

2 Answers | Asked in DUI / DWI for California on
Q: second dui offense. Interlock eligibility? Reasons for ineligible

From interlock company what you say in hearing

Dale S. Gribow
Dale S. Gribow answered on May 16, 2020

SB1046 ALLOWS IGNITION INTERLOCKS, BUT ONLY FOR DUI'S AFTER 1/1/19

________________________________________________________________

THE DUI client MUST go to IID to install and they give driver a DL 920, certificate of installation, that the driver takes to DMV

An...
Read more »

View More Answers

2 Answers | Asked in Legal Malpractice, DUI / DWI, Immigration Law and Cannabis & Marijuana Law for California on
Q: Info on Noe Mejia Calderon his ethics and moral standards
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on May 6, 2020

You can check the California Bar website (https://www.calbar.ca.gov/), any person who has been licensed to practice in CA is listed as is their status to practice law and any disciplinary action taken against them.

View More Answers

1 Answer | Asked in DUI / DWI for California on
Q: Breathalyzer/license

So I got a dui back in 2017 I finish my courses and was told I couldnt get a interlock and was told to bring in a proof of sr22 and reissued my license but now there saying its mandatory for me to get it but I was told since it was a wet and reckless at that time I didnt need it so I'm... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on May 3, 2020

Call Mandatory Actions 1.916.657.6525, they can tell you what you need to do to get your license reinstated.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.