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California DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI, Agricultural Law and Civil Rights for California on
Q: I have a concern and feel that I have received a notice of terminate tenancy
Dale S. Gribow
Dale S. Gribow
answered on Jun 16, 2022

more info is needed.

what is your question and does it relate to DUI?

2 Answers | Asked in DUI / DWI for California on
Q: DUI Arrest 4/17/2022

Got arrested April 17,2022 for a DUI with a .08. No DMV hearing yet, court date August 9, 2022 I am a licensed Life and Health agent, and it Looks like one of my health insurance carriers that I write busines with says my CA resident license is not active and suspended. Can they do this?? is this... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on May 30, 2022

I am unfamiliar with the California Resident License, that being said, the issuing agency may have authority to withdraw or suspend the license when a licensee is arrested. You should contact the licensing agency and ask about the process to get reinstated.

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2 Answers | Asked in DUI / DWI for California on
Q: help i live in california and in 2011 i got a dui while out of state.

completed alcohol classes there. now 11 years later CA has suspened my license for that 2011 dui, claiming its been suspended for 11 years! retro deated. Ive lived in other states and had licenses and moved back to CA in those 11 years and currenly have a valid CA license. i need help

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on May 29, 2022

You probably received the DUI on your CA license in another state, that state finally reported the conviction to CA, CA updated it's records and has suspended you effective to the date when you were convicted. You probably do not have a valid license at this time, you will probably have to... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: Help with understanding why there are two separate bails.

Hi my fiance was arrested for 2 warrants for DUI misdemeanors and one county is saying no bail and the other has a bail for 30,000 what does this mean?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Apr 27, 2022

It means that on one warrant she can post bail, on the other she must appear in court before bail will be considered. You should contact a local lawyer to discuss the cases and possibly appear and argue for bail in the "no bail" case.

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1 Answer | Asked in DUI / DWI for California on
Q: wet AND dry reckless charges for a single incident?

shouldn't it just be one or the other?

Dale S. Gribow
Dale S. Gribow
answered on Apr 20, 2022

More info would be helpful.

yes, a DUI is sometimes reduced to a reckless driving.....it can be a straight reckless with no mention of

alcohol (DRY) or a DUI reduced to a reckless (Wet).

1 Answer | Asked in DUI / DWI and Traffic Tickets for California on
Q: Can one fight a suspended license charge/ticket if they weren’t actually pulled over?

My brother was caught in a situation where he was then involved in the investigation. Before the cops had came he had already pulled over at a gas station and was parked. The cops then came and did their questioning. When they pulled him up into the system they saw he had a suspended license &... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 18, 2022

tell him to get an atty asap..........he is in the wrong.

sounds like a hit and run;

however, a lawyer may be able to present a reasonable explanation to the court.

4 Answers | Asked in DUI / DWI for California on
Q: Ok i was dropped from a 3 month DUI program ...

I feel they were in the wrong ( i explained all this in my first question....

The thing is my DUI will be 10 years old this June 2022 ... And i went to the court and DUI liaison for my options but got the run around and i eventually just forget about rectifying it but i now have come in to... Read more »

Jimmy Cha
PREMIUM
Jimmy Cha
answered on Apr 13, 2022

Unfortunately, the DMV requires you to enroll and complete a 3 months DUI program (AB541) in order to get your license back. You can request from the court that they let you re-enroll into the program so you don't have to start all over but if 10 years has passed, I'm affraid they might... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: Can a dui be transferred from state to state ? OR to CA ?

I was visiting family in Oregon and Saturday night (April 9) I was pulled over and received a dui but I live in California and can’t travel back and forward. My court date was set for June 6, 2022 and I want to know if my case can be transferred to my county.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Apr 12, 2022

No, you can't transfer the prosecution to a venue that is more convenient for you. You will need to either retain a lawyer or appear at your arraignment on June 6. At that appearance, your lawyer will appear on your behalf or, assuming you are there, you may have a public defender appointed... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: I was dropped from a 3 mo DUI class with only 2 more classes left to complete! What are my options for rectifying this

I didn't miss more than 5 , times i did miss class was due to work , which i did provide the requested proof (timecards via fax) had only 2 more classes until completion. Do i need to just make up my last 2 classes or will I need to do another entire 3 month program again? And where can I find... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Apr 4, 2022

You should check with the program directly regarding admissions and attendance policies, they should be able to show you the regulations applicable to your situation, they also should explain the reinstatement process. Often, once a student has been expelled from the program they have to return to... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: If the driver was intoxicated and passed the drug and alcohol test and killed a pedestrian.

The Driver was only sentenced with 95 days in jail. Can the charge still be appealed to much longer sentence? If not, why is it only 95 days when the driver killed someone?

John Karas
John Karas
answered on Mar 30, 2022

If the driver passed drug and alcohol testing, the prosecutor may not have had sufficient evidence to successfully prosecute a DUI manslaughter case beyond a reasonable doubt so settled on a plea bargain to get a lesser criminal conviction (reckless driving).

That doesn't mean the...
Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: I cant contact the court by phone, what do I do?

I live in Orange County California and was sentenced to 60 days jail for a DUI charges. I got accepted to a house arrest program and was supposed to prebook a few days ago. I was feeling kind of sick but I went anyways, at the jail I got tested for covid and told to go home and so need to... Read more »

Michael Rutledge Norton
Michael Rutledge Norton
answered on Mar 11, 2022

You can either hire an attorney or call the PD that represented you and ask them to add it back on at the courthouse. Show the judge your COVID test or let them know the jail sent you home for COVID. The Judge will most likely give you a new turn in date. Or you could go do this yourself but be... Read more »

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1 Answer | Asked in DUI / DWI for California on
Q: Expunging felony Dui

If I want to request both felony to misdemeanor and misdemeanor to infraction, should I indicate “yes” in both 17(b) and 17(d)(2)? Or mark one of them and defer to #8 and advise the judge?

Alison Lee Bermant
Alison Lee Bermant
answered on Mar 4, 2022

Unfortunately a DUI cannot be made an infraction as that is not authorized by statute so even if you ask yes the judge cannot grant that request.

2 Answers | Asked in DUI / DWI for California on
Q: Completing form CR-180 for a felony DUI. If I’m looking to expunge this, how would I do that?

Is this a 2 part process? Felony to misdemeanor then misdemeanor to infraction?

Alison Lee Bermant
Alison Lee Bermant
answered on Mar 4, 2022

It is a two part process but fortunately the form includes this language: 8. Petitioner requests that the eligible felony offenses listed above be reduced to misdemeanors under Penal Code section 17(b)

and eligible misdemeanor offenses be reduced to infractions under Penal Code section...
Read more »

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1 Answer | Asked in DUI / DWI for California on
Q: calif. legal or not private investigator uses electronics video/eaves in bedroom/bathroom to gather info for attorney.

entire home has electronic surveillance. without permission from home owner.

Dale S. Gribow
Dale S. Gribow
answered on Mar 3, 2022

IF I UNDERSTAND IT, AN PI ENTERED A RESIDENCE WITHOUT PERMISSION AND SET UP RECORDING DEVICES?

I WOULD REPORT THEM TO THE POLICE; CONTACT A LOCAL LAWYER ABOUT SUING IN SUPERIOR CT AND/OR SUING IN SMALL CLAIMS COURT...IN ADDITION TO GOING AFTER THEIR LICENSE WITH THE LICENSING ENTITY.

2 Answers | Asked in DUI / DWI for California on
Q: I was convicted of a person felony DUI (carwreck/injury) in Kansas October 2016. Off parole 2 years now. Can I expunge?
John Karas
John Karas
answered on Feb 23, 2022

Unknown. Every state is different. I suggest you consult with an attorney in Kansas to find out if it can be done.

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3 Answers | Asked in DUI / DWI and Employment Law for California on
Q: If i got a dui 7 years ago will i be denied a company car from the company i work for? I am in the state of California

I have no other tickets, problems with the law and no driving restrains currently. I have been working for this company for 3 years and they decided to give me the chance to use a company car instead of using my own for work related drives.

Dale S. Gribow
Dale S. Gribow
answered on Feb 16, 2022

More info is needed.

2 DUI’s within 10 yrs is a problem.

You will have a suspended license for 30 days or so and possible time in custody or home arrest with ankle bracelet and probably a tube you have to breath in to start your car.

If they know about your record, if I...
Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: first time offender DUI charge in CA by CHP.

Pulled over, detained, and gave two BAC’s. Was .29, cops let me call my mother and she picked me up. Took license and gave me the 30 day slip. That was February 19, 2021. Fast forward, still no court date, still nothing. My boyfriend did the legwork and was able to find me the resources to get my... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Feb 9, 2022

The good news, if there is any, is that you are really close to the Statute of Limitations running (assuming this is a first offense without and accident causing injury). In a misdemeanor prosecution, the prosecution has 1 year from the offense date to file charges, once the filing deadline has... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: Hi, my brother has been in jail for DWI in Ca. He’s been in there for a few weeks and hasn’t seen a public attorney.

From what it sounds to me is they keep giving my brother the run around. my brother hasn’t been able to talk to his public attorney or hasn’t seen one. He set bail last week but haven’t released him, he just sitting there waiting to hear something from someone. Is this legal?

Dale S. Gribow
Dale S. Gribow
answered on Feb 8, 2022

more info is needed.

it would be very unusual for someone to be in custody that long for a simple first appearance DUI without accidents, priors, major injuries....etc

some info is not being relayed to us!

at his 1st appearance, the court would have appointed a public...
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1 Answer | Asked in DUI / DWI for California on
Q: Dui school went out of business without giving me a certification
Dale S. Gribow
Dale S. Gribow
answered on Feb 4, 2022

MORE INFO IS NEEDED

YOUR ATTORNEY WOULD BE THE BEST PERSON TO DISCUSS THIS WITH AS HE/SHE KNOW THE LOCAL JUDGES AND DA.................THEY ARE MOST LIKELY TO BE AWARE OF THE SCHOOL CLOSING.

3 Answers | Asked in DUI / DWI for California on
Q: I had a Dui that was expunged in CA & have been offered a position in Finance for the City, do I still need to disclose
Dale S. Gribow
Dale S. Gribow
answered on Jan 28, 2022

more info is needed.

is it a position that requires driving?

are you sure they will run your record?

expungement of DUI is not like expungement of most criminal matters.

though expunged with the court, it will probably still be on DMV record.

it is...
Read more »

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