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California DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI and Traffic Tickets for California on
Q: When do points "fall off" the DMV record

I'm trying to figure out when do points "fall off the record", when does the time start counting, from the time a person is convicted or from the time the citation was issued? All I know that in CA it's 3 years and 3 months, but when does the time start counting exactly, so they... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jan 25, 2023

The points accrue (go on your record) when the conviction occurs, meaning that, until you are convicted the points aren't on your driving record, the three years starts running at the point you are convicted.

1 Answer | Asked in DUI / DWI and Traffic Tickets for California on
Q: Do points on my CA DL stay 3 years and 3 months after the conviction date in court or the time had been started counting

once I received a citation?

I'm sorry, I believe my question has been wrongly structured,

I'm trying to figure out when do points "fall off the record", when does the time starts counting, from the time a person is convicted or from the time the citation was issued? Thank you

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jan 25, 2023

Any points that are placed on your driving record start when you are convicted, not cited.

3 Answers | Asked in DUI / DWI for California on
Q: DUI dating back to 2011. Should I wait the 10-year period?

LICENSE STATUS:

SUSPENDED OR REVOKED*

DEPARTMENTAL ACTIONS:

PRROF REQ: O/01-24-14 * TERM - - *

DRV LIC COMM- DISQ * * eff: 05-09-11 * THRU:05-08-12 * ORDER MAIL: 04-29-11*

AUTH: 15300A9* SERVICE: M / 06-19-15* STATE CALIFORNIA*

CONVICTIONS:... Read more »

Richard L. Grant
PREMIUM
Richard L. Grant
answered on Jan 24, 2023

If you have paid your fine, completed 3 yr or 5 year Informal Probation, completed alcohol classes, and completed Victim Impact Class (Mothers Against Drunk Drivers), you need to hire an Criminal/DUI Defense Attorney to file Motion to Expunge the DUI Conviction. I do them quite frequently where a... Read more »

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2 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: CA ATTY's :Is an SR22 start date the date of admin suspension received from the DMV or the date of court conviction?

Admin suspension effective March 20 2020. Date of court conviction 6/20/2022. Been carrying an SR22 since March of 2020 so the removal date would be Mar/April 2023 if it began at the DMV admin suspension. (All DMV fines and reinstatement fees have been paid)

Does the SR22 clock reset on... Read more »

Alison Lee Bermant
Alison Lee Bermant
answered on Jan 16, 2023

It is 3 years from the date you reinstated your driving privilege. You can always call the DMV Mandatory Actions Unit to confirm the exact date that happened.

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1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: If a judge makes a deletion to your "sentence" and probation for a DUI, how does the DMV get those records?

I wrote letter to judge and he "deleted" all applicable requirements, including probation. Also wrote No Addendum Needed.

Dale S. Gribow
Dale S. Gribow
answered on Dec 26, 2022

your underlying lawyer should be able to assist you.

however, please remember there are 2 separate entities and DMV does not have to follow the court, and visa versa.

1 Answer | Asked in Contracts, Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: CA ATTORNEYS: Can an attorney assign or "refer" a case to another attorney without notification to the client?

What are the ethical obligations for client assignation and/or referrals?

Is contracted attorney required to inform client a different (non staff) attorney will argue and negotiate their case?

Details: small firm specializing in serious traffic cases. (DUI, felony speeding,... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 12, 2022

more info is needed.

many criminal lawyers have a provision in their retainer that they can associate with another criminal lawyer.

were the other lawyers from the same firm?

were they appearance lawyers just appearing to continue THE CASE?

in any event they could...
Read more »

2 Answers | Asked in DUI / DWI for California on
Q: Court order to install iid but I don't own a car the dmv approved my exemption can I my license back

Does that mean I can't get my license back untill I can buy a car?

Richard L. Grant
PREMIUM
Richard L. Grant
answered on Nov 28, 2022

Since the purpose of a License is to operate a vehicle, the vehicle you operate must have IID installed, you cannot get a restricted License until you buy a car with IID installed or show proof the car you will operate has a IID installed. If you seeking your license back for identification... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, DUI / DWI and Federal Crimes for California on
Q: I had a police officer cover up a felony hit&run didn't write a report or file 1.. did not arrest or dui test person

Responsible for causing 2 people injuries & 15000 property damage. Dmv was never notified no charges on person responsible.. I requested a report to be filed twice and police denied me.. now I can't take person to ourt to fix my totaled truck... if the tables were turned I'd be in... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 14, 2022

you should contact a local PI lawyer to guide you.

your lawyer should press the police and DA to file if there is evidence.

obviously, if you had insurance you would put it through that carrier.

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: What is it called the conversation of police and dispatch and the time line of conversation? How do I get that? Thanks
Thomas M. Fleming
PREMIUM
Thomas M. Fleming
answered on Nov 5, 2022

This is called a dispatch recording and dispatch log (written). If you have a criminal case, the easiest way is to ask your attorney to request it from the District Attorney as part of case discovery.

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2 Answers | Asked in DUI / DWI for California on
Q: I just recently got released from jail but im trying to get my license now but on the court paper they misspelled myname
Thomas M. Fleming
PREMIUM
Thomas M. Fleming
answered on Oct 26, 2022

I don't know the charges or facts in your case but often an officer misspelling your name on a form has nothing to do with how DMV spells your name. Go to DMV, see if your name is spelled correctly and try to obtain your license if possible. Good luck!

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1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: if the mother of the pedestrian 1 takes pictures in the hospital and provides them via email can they used them

as evidenced against driver 1 with out pedestrians 1 consent or knowledge pedestrian 1 never gave his statement or talked to anybody about the accident.

Thomas M. Fleming
PREMIUM
Thomas M. Fleming
answered on Oct 14, 2022

The short answer is sure, if she or someone authenticates the photos, and it is used in a DUI criminal case. If you are the accused, you should get an attorney and consult with the attorney about this. I wish you the very best.

1 Answer | Asked in DUI / DWI and Federal Crimes for California on
Q: Can you do an expungement for a federal dui?

My sister was at Yosemite and she was caught passed out drunk in her vehicle. They want to charge her the following: CHARGE: OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, OR A DRUG, OR DRUGS, OR ANY COMBINATION THEREOF, TO A DEGREE THAT... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

Hire a lawyer and fight the charge. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in DUI / DWI for California on
Q: Been inquiring about the ability to reopen a case I plead guilty to 5 years ago. I was not11 guilty. Advised by P defend

to avoid a trial. Prison if lost trial. Agreed to 3rd felony DUI. TMI. Issue. I wasn't pulled over. Not driving when arrested for DUI. DUI last Friday night. SO GUT SICK MAD SAD... Any suggestions or advice Thank yyou so much.

Thomas M. Fleming
PREMIUM
Thomas M. Fleming
answered on Sep 27, 2022

I'm sorry you've going through all this. Since the public defender represented you, start there and ask another attorney to take a second look at this. If you received ineffective assistance of counsel, for example, then you may be entitled to a new trial. If that is the case, however,... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: 3rd dui in Lakewood CA, BAC .34 and minor fender bender. Dose anyone have previous experience of outcome?

Completed a five month IOP and still continue to attend even after completion.

Have been on SCRAM for 5+ months (got on one week after the arrest)

Got a “set aside” (from what I understand that is a win for the DMV hearing)

Have hired a good seasoned DUI lawyer... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 17, 2022

the best advice any lawyer on this site can give you is to listen and follow the advice of your current DUI lawyer who hopefully practices often in that court.

that fact that you got a set aside on DMV suggests either a problem with the case OR you have a very good DUI...
Read more »

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1 Answer | Asked in DUI / DWI for California on
Q: Arrested for DUI on 8/14/22 with a alcohol level higher than .08 Court date is for 9/14/22. DMV hearing is for 11/10/22

I got two papers in the mail, one is the form CCP 1013a, and the other one is what I'm confused about. It states "Notice of Decision", "Results of the Proceedings" indicating the two criminal charges I have are "I dismissed. Reason: Correction" It also has... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 15, 2022

Not sure what your question is regarding, however, if you have a DUI, you speak with a local attorney to represent you in court and before the DMV. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: My nephew age 20 got a DUI last weekend after he got into an accident. He had been drinking but he was told to do field

Sobriety test with what we later discovered after going to the hospital he had a broken neck and broken discs in his back

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Sep 13, 2022

You should definitely talk to a DUI defense attorney, there are issues here to investigate. Obviously any coordination test performances will be affected by the injuries suffered by your son in the accident. Depending on the timing (and type) of the chemical test, hospital treatment can also... Read more »

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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: I would like to know how I'm able to get a pro Bono lawyer for a tricky case.

The case holds no evidence other then verbal, was not notified of bench warrant and fines have been paid. I'm a single mother who would love some assistance or anything at this point.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 10, 2022

This likely belongs in the criminal law section instead of products liability. You can usually get a free attorney (public defender) for free if you cannot afford an attorney. There are also some self-help programs at the courts.

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2 Answers | Asked in Criminal Law, DUI / DWI, Family Law and Child Custody for California on
Q: my fiance was caught sleeping in a walgreens parking lot with the baby in the back baby seat. when the police looked in

the car they found drugs and drug perifenilia. we are almost done with the case but the cps lady asked me if i wouldnt minds taking a drug test every so often even though i was not involved in any way wat so ever. the night it happened i was in bed sleeping. i said yes but she sent me the papers... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Aug 25, 2022

THE PERSON WHO WOULD HAVE ALL THE INFO IS THE ATTORNEY FOR YOUR FIANCE.

DID HE PRESENT AN ILLEGAL SEARCH AND SEIZURE ARGUMENT? WHAT DID SHE PLEAD TO?

I AM NOT SURE HOW THEY WOULD HAVE JURISDICTION OVER YOU...........

DID YOUR FIANCE SAY IT WAS NOT HERS AND THAT IT WAS...
Read more »

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1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: How to respond to an RFE from USCIS (pending I-485 / AoS) about DUI that doesn't yet have a disposition?

I'm looking for an experienced attorney who can advise me on the best strategy given the following inputs:

- Had a 1st time DUI in Monterrey country (CA) in July 2020 (no injuries, no accidents but 0.17 BAC)

- Lost the Monterrey court in Sept 2021 but made an appeal which is... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jul 18, 2022

It appears as though you have been convicted of DUI. You must have a decision/order/judgment from the court to indicate that you were convicted. In any event, you have appealed this conviction and the outcome of that appeal may take a while. However, for argument sake, let us say that your... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: sentencing in california for VC 23152(B) Misdemeanor and VC 2800.4 Felony for 2nd dui in past 5 years

Was out of probation time when 2nd dui happened.

DA sentenced 2-3 years max in prison

Courthouse is GORDON D. SCHABER COUNTY COURTHOUSE

Public defender made the person take a deal for 6 months in county jail and 1 year in state prison. There are people doing less time with... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jul 11, 2022

the answer is IT DEPENDS.......................

A LOT OF FACTORS AFFECT SENTENCING.

PRIORS ARE JUST ONE OF THEM...............ALSO

WHAT COURTHOUSE, WHAT JUDGE, WHAT DA, WHO IS THE DEFENSE LAWYER, HOW FAR IS HE/SHE WILL TO PUSH THE DA AND COURT (AND KNOWING HOW FAR THEY CAN BE PUSHED)

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