Get free answers to your DUI / DWI legal questions from lawyers in your area.
I'm involved in a DUI case where my public defender believes there is evidence in my favor. My sister testified that she overheard me saying I wasn't driving before my arrest, and the public defender wants to put her on the stand, possibly against my wishes. The defense attorney, district... View More 
answered on Apr 15, 2025
In California, a mistrial may be declared when a fair trial is compromised or legal necessity arises, such as a hung jury or significant procedural error (People v. Dunn, 205 Cal. App. 4th 1086; People v. Kocontes, 86 Cal. App. 5th 787). However, consenting to a continuance, as occurred in your... View More
I am currently facing charges for auto theft in California and was under the influence of drugs and alcohol at the time of the incident. I have never been sentenced under Prop 36 before, but I have numerous alcohol-related convictions and a few for possession of meth. None of my prior charges... View More
answered on Apr 15, 2025
Proposition 36, codified under § 1210.1, offers probation and drug treatment instead of incarceration for nonviolent drug possession offenses. However, eligibility is restricted if you are convicted in the same proceeding of a felony or misdemeanor unrelated to drug use, such as auto theft (§... View More
I have a DMV hearing on April 24th, 2025, and a court date on May 23rd, 2025, related to my first DUI offense. I am interested in exploring options for a deferred entry or alternative sentencing. However, I am having difficulties finding legal representation due to my financial constraints, as I... View More
answered on Apr 9, 2025
Under California Penal Code Section 1000.9, deferred entry of judgment may allow dismissal or reduction of charges upon completing a court-approved program, provided the prosecuting attorney deems you eligible. If approved, successful completion could mitigate the long-term impact on your record,... View More
I'm currently on felony probation in Sonoma County, CA, for domestic violence and DUI charges. I have a separate court case in Lake County, CA, where I am being offered a plea deal for a two-year sentence for auto theft. I would prefer to serve time in state prison rather than county jail.... View More
answered on Apr 4, 2025
Your current felony probation status in Sonoma County for domestic violence and DUI charges does impact your sentencing eligibility in your Lake County auto theft case, where you’re offered a two-year plea deal and prefer state prison over county jail. Under California Penal Code § 1203, if the... View More
I am seeking information about a legal case concerning the death of my son, who passed away due to a drunk driving incident on April 8, 2023. His father opened the case, but he hasn't shared any information with me. I want to know how I can get access to all details regarding the case,... View More
answered on Apr 1, 2025
It would be prudent to do as the below attorney suggests and file a case for yourself. You can go to the county court's website and do a name search. Once you find the complaint it should give you all the information you want. The county will either be the county where the accident occured or... View More
On March 14, 2024, I was pulled over on a rear shoulder while deciding whether to go home or to my girlfriend's house. I admitted to having 1 beer and some THC 45 minutes before being pulled over, and I blew a 0.05% on the breathalyzer. My car was towed, and I was taken to the station for... View More
answered on Apr 9, 2025
At your arraignment, the court will formally present the charges against you, provide the accusatory pleading, and ask for your plea—guilty, not guilty, or no contest. For a misdemeanor DUI under Vehicle Code Section 23152, your presence is typically required unless an attorney appears on your... View More
I am planning to travel to Medellin, Colombia, but I have a DUI case pending with a court date two months away. I have not received any specific travel restrictions or instructions from the court regarding international travel. Can I travel internationally under these circumstances?
answered on Feb 26, 2025
This isn't a straightforward answer of simply yes or no.
Were you released on bail? If so, nearly every bail agreement contains language prohibiting leaving the State of California. If that is the case, you will need permission from your bail agent to take this trip. Without that, you... View More
My friend was pulled over for suspicion of DUI because he straddled the double yellow line a couple of times. The officers claimed they smelled alcohol but breathalyzer tests showed a 0% alcohol level. Despite this, he was arrested, and a blood test revealed a small amount of meth in his system. He... View More
answered on Feb 20, 2025
If they did not have probable cause (that is, sound evidence) that he was probably somehow intoxicated before they arrested him, the DUI charge will not stand. Straddling a double yellow is sufficient evidence for a traffic stop but is insufficient for a DUI arrest. They commonly try to obtain the... View More
I am in California and received a DUI. I was ordered by the court to complete a DUI program and pay certain fees. I have completed the program and have been making minimum monthly payments towards the fees. However, I want to know if I need to pay the full outstanding balance to get my license... View More
answered on Feb 18, 2025
The payment of the court fees (or fines) has nothing to do with the license reinstatement. Nonpayment of court fees or fines can result in a probation violation if payment is willful. If probation has expired, then the court cannot enforce the nonpayment and the courts will convert the fees or... View More
I currently have a 2 year green card with conditions and will need to apply to remove conditions using the form I-751
answered on Jan 30, 2025
A misdemeanor DUI can influence the outcome of your I-751 petition, but it doesn’t automatically mean a denial. USCIS reviews criminal records as part of the evaluation process, focusing on whether the applicant demonstrates good moral character. A single DUI, especially without serious factors... View More
1st DUI thrown out. 2nd DUI treated like a first, 3rd DUI will be treated like?
answered on Jan 2, 2025
For sentencing purposes, only prior DUI convictions count. Punishment for a second DUI conviction within 10 years of the first conviction can be anything from a minimum of 3 years on probation to jail time of 90 to 364 days, depending on the circumstances of the incident and the recency of the... View More
1st DUI thrown out. 2nd DUI treated like a first, 3rd DUI will be treated like?
answered on Jan 7, 2025
In California, a second DUI conviction is subject to more severe penalties than a first DUI offense, in line with state laws aimed at deterring repeat drunk driving. Under California Vehicle Code (VC) Section 23152, penalties for a second DUI offense are more stringent, with increased fines, longer... View More
I have been charged with a DUI, if I do not wave my right to a speedy trial does that mean the court has to receive my blood test results with in 90days to charge me
answered on Jan 7, 2025
This is a great question, and understanding California’s right to a speedy trial is key to forming a trial strategy. Here’s a breakdown of the relevant laws.
Speedy Trial Right in California:
Under both the U.S. Constitution (6th Amendment) and the California Constitution... View More
I recently found out from the police that I have a $5,000 warrant and need to resolve it at Glendale Court. Here's what happened:
- In March 2023, a detective from Glendale Police contacted me about an alleged violation of a temporary restraining order (TRO) due to an email I sent to... View More
answered on Dec 11, 2024
Most likely you have already dealt with this so my giving my two cents probably does not make a difference. Most of what you stated would be reasons to recall the warrant and get the case going. It really does not go to whether you can dismiss the case but when you go in or already did go in, the... View More
In Nov.2023 I was arrested for a DUI but I was not driving. I had gone out for dinner and drinks with coworkers. I was being dropped off at my house by my coworker and we were following my other coworker to my apartment to pick up work keys. Upon traveling to my apartment (a block away from the... View More
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answered on Jul 21, 2024
Under California law, suing the CHP for false imprisonment may be challenging in this situation. False imprisonment requires proving that you were unlawfully restrained without consent and without legal justification. Since you were arrested for DUI, the officer likely had probable cause based on... View More
In Nov. 2023 I was wrongfully arrested for a DUI.
I was on my way to being dropped off at home after a night out with coworkers. Upon that travel, my co worker driving in front of us had been pulled over by CHP. (Mind you, my home was a block away from the restaurant).
Myself and... View More
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answered on Jul 20, 2024
In California, you can consider suing for false imprisonment if you believe you were wrongfully arrested and detained. In your case, if your DUI charge was dismissed in County Court, but the DMV is still pursuing action against you, there are specific legal avenues you can explore. It’s important... View More
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answered on Jun 10, 2024
I understand you are seeking information about your chances of winning your DUI case in court after successfully winning your DMV hearing in California. While it's encouraging that you won your DMV hearing and had the suspension set aside, it's important to note that the DMV hearing and... View More
answered on Jun 10, 2024
Congratulations, setting aside the DMV License Suspension is rare.
Regarding the DUI Court Case, the legal standard is quite different. It will depend on the Alcohol BAC Level, below or above .08, and other specific facts, including the operation of the motor vehicle while under the... View More
Of PC490.2-MISD-Petty Theft in front of three officers taking fault on the body camera and now they sent a complaint for me to come to court why would I be blame too I was there but the person admitted to it on the scene where the police had us I don’t understand it and in a different county... View More
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answered on Jun 6, 2024
Under California law, facing charges for petty theft (PC 490.2) and disorderly conduct (PC 647(f)) can be stressful, especially if it’s your first encounter with such charges. Since your friend admitted to the petty theft in front of the officers, you might have a defense against this charge.... View More
Went I went to the drunk tank and they lied through my whole police report and so did the hospital I have them in lies on the police report n "hospital bills" they charge my partnership n chp lied through there teeth and so did the hospital!! I just need someone to help me!!
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answered on Jun 6, 2024
I understand that you are in a difficult situation and believe that the California Highway Patrol (CHP) and hospital staff have lied in their reports about your case. It's important to address these concerns through the proper legal channels. Here are some steps you can consider:
1.... View More
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