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California DUI / DWI Questions & Answers
3 Answers | Asked in DUI / DWI for California on
Q: Dui plus hit and run

Hello so I hit a parked car parked in a fire lane in my neighborhood and went home to tell my parents but before I could The police showed up and tested me for dui and I did get a dui. It wasn’t an intentional hit and run as I didn’t know I hit till I got home and was going to then go back.... View More

James L. Arrasmith
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answered on Apr 9, 2024

Based on the information you've provided, it seems you are facing charges for both DUI (driving under the influence) and hit-and-run in California. Here's some general information about your situation:

1. DUI: In California, it is illegal to operate a vehicle with a blood alcohol...
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4 Answers | Asked in DUI / DWI for California on
Q: So what happens when I’m 100% sober but failed a field sobriety test and still get arrested for dui?

I took a field sobriety test and I failed and got arrested. At the time I was super tired, I had zero sleep last night . I was also nervous and I somewhat understood the officers instructions but I still had questions . I also inured my ankle a few months ago and it hasn’t healed all the way.... View More

James L. Arrasmith
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answered on Apr 5, 2024

If you were arrested for a DUI in California despite being sober, here are some important points to consider:

1. Field Sobriety Tests (FSTs) are not always reliable indicators of intoxication. Factors such as fatigue, nervousness, injuries, or medical conditions can negatively impact your...
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4 Answers | Asked in DUI / DWI for California on
Q: So what happens when I’m 100% sober but failed a field sobriety test and still get arrested for dui?

I took a field sobriety test and I failed and got arrested. At the time I was super tired, I had zero sleep last night . I was also nervous and I somewhat understood the officers instructions but I still had questions . I also inured my ankle a few months ago and it hasn’t healed all the way.... View More

Robert Kane
Robert Kane
answered on Apr 5, 2024

The fact you were super tired due to zero sleep the previous night; injured your ankle a few months ago and it hasn’t healed all the way; were nervous and you misunderstood the officers instructions is going to convince the judge you shouldn't have been driving even if you were sober (still... View More

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1 Answer | Asked in DUI / DWI for California on
Q: Terminated 18m DUI class. 5 classes left. Paid in full. Ask for re referral before warrant issued. What happens now?

Have court date April 5th. I was in a Domestic Violence relationship where he made it difficult to go to class. Finally free from him and I have a restraining order against him. It nice to have him gone but difficult because I was left with all bills and caring for my daughter while on cash aid. I... View More

James L. Arrasmith
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answered on Mar 26, 2024

In California, if you've been terminated from a DUI class with only a few sessions remaining and have paid in full, it's important to act quickly. Contact the DUI program to request a re-referral before a warrant is issued. Explain your situation clearly, including the challenges you... View More

2 Answers | Asked in DUI / DWI for California on
Q: Courts dismissed my dui 13 years ago but DMV suspended my license last week. I passed breathlzr and was not dwi. help

I need help scheduling a court date with the dmv. I can't get thru by phone and the letter they sent had no info other than my license is suspended. I have had a restricted license for over 4 years, fully insured, no tickets my dmv driving record has no mention of the dui. The court docs says... View More

James L. Arrasmith
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answered on Mar 24, 2024

Under California law, if your license was suspended by the DMV and not due to a court order, you need to contact the DMV directly to resolve the issue. The DMV operates separately from the criminal court system, so even if your DUI charges were dismissed, the DMV might have different requirements... View More

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2 Answers | Asked in DUI / DWI for California on
Q: Courts dismissed my dui 13 years ago but DMV suspended my license last week. I passed breathlzr and was not dwi. help

I need help scheduling a court date with the dmv. I can't get thru by phone and the letter they sent had no info other than my license is suspended. I have had a restricted license for over 4 years, fully insured, no tickets my dmv driving record has no mention of the dui. The court docs says... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 25, 2024

When cited for a DMV, there are 2 separate entities that can affect your license: the court and the DMV. One ruling does not necessarily affect the other.

you had to contact DMV within 10 days of an arrest to set a hearing date....did you do so?

did you have a lawyer? if not...
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2 Answers | Asked in Car Accidents, Personal Injury and DUI / DWI for California on
Q: Can I get recompensation for a car accident that happened 7 years ago?

I was in a car accident with a couple of friends, my friend (the driver) was under the influence and well we were all under the influence except for one of us, we kept telling the driver to let her drive because she was sober but he wasn't letting her or stopping. Suddenly when he made a left... View More

William John Light
William John Light
answered on Mar 23, 2024

Ordinarily, the statute of limitations is 2 years from the date of the injury.

If you or the driver were under 18 on the date of the injury, the two years began to run on the 18th birthday of either of you.

For certain felony convictions, the statute of limitations is 10 years from...
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2 Answers | Asked in Car Accidents, Personal Injury and DUI / DWI for California on
Q: Can I get recompensation for a car accident that happened 7 years ago?

I was in a car accident with a couple of friends, my friend (the driver) was under the influence and well we were all under the influence except for one of us, we kept telling the driver to let her drive because she was sober but he wasn't letting her or stopping. Suddenly when he made a left... View More

James L. Arrasmith
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answered on Mar 24, 2024

Under California law, the statute of limitations for most personal injury claims, including those arising from car accidents, is generally two years from the date of the accident. This means that you would typically have two years from the date of the incident to file a lawsuit seeking compensation... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Can you travel domestically by flight with a Bench Warrant on your name?
James L. Arrasmith
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answered on Mar 21, 2024

Having a bench warrant in your name can lead to complications while attempting domestic flight travel. While there's no blanket rule that directly forbids you from flying domestically, the presence of a bench warrant implies that law enforcement is seeking your arrest, which could lead to... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Can you travel domestically by flight with a Bench Warrant on your name?
Dale S. Gribow
Dale S. Gribow
answered on Mar 22, 2024

The answer to most legal questions is IT DEPENDS.

Chances are it will come up in the computer check at the airport.

Why not just take care of it? The chances are you, like most clients, will be driving and stopped for a traffic violation/ infraction. They will run you for wants and...
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3 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: Hit by a DUI Driver but my Insurance is minimal

My daughter was driving my car dui driver hit her. My insurance is minimal, even excludes all drivers. Other driver has no insurance. My daughter had to miss work, she just got out of college, so financially struggling. My car no longer works either. Anything else we can do? Thank you

James L. Arrasmith
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answered on Mar 5, 2024

In California, if you're hit by a DUI driver and your insurance coverage is minimal and does not cover the incident, especially when the other driver has no insurance, there are still options available to you. It's essential to know that California law allows individuals in your situation... View More

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2 Answers | Asked in DUI / DWI, Car Accidents and Criminal Law for California on
Q: Does an arrest need to be made before a misdemeanor criminal complaint can be made by a district attorney?
James L. Arrasmith
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answered on Feb 24, 2024

Under California law, an arrest does not need to be made for a district attorney to file a misdemeanor criminal complaint. The district attorney has the discretion to file charges if there is enough evidence to suggest that a crime has been committed and that the accused is responsible. This can... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Should i fight thia and plead not guilty

I pulled into jack in the box and a police car was on the same drive thru but facing opposite way.. he had a guy pulled over and when i pulled up he walked up to me wirh a flashlight. Saw that i had two alcohol drinks in my cupholder and stepped me out of the. Car. I was carrying a concealed... View More

Nors  Davidson
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answered on Feb 21, 2024

You should always fight every charge! If you plead guilty, you'll be convicted 100% of the time. You should consult with a local attorney(s). Consulations are usually free of charge and if the lawyer is experienced and honest, they can advise you what they an do to help. Lawyers can often... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Should i fight thia and plead not guilty

I pulled into jack in the box and a police car was on the same drive thru but facing opposite way.. he had a guy pulled over and when i pulled up he walked up to me wirh a flashlight. Saw that i had two alcohol drinks in my cupholder and stepped me out of the. Car. I was carrying a concealed... View More

James L. Arrasmith
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answered on Feb 21, 2024

Given the circumstances you described, it may be worth considering fighting the ticket and pleading not guilty. The fact that your license had expired only two days prior and you were issued a temporary license could potentially be a mitigating factor in your defense. Additionally, if you believe... View More

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2 Answers | Asked in DUI / DWI for California on
Q: I plead guilty to my third DUI about 10 years ago I did not complete my outpatient program classes

I did not complete my outpatient program due to the fact I wasn't able to drive myself to the classes and back home because of my license being suspended so I failed to complete the program subsequent I did not appear in court on my next hearing and have been missing Court hearings ever since... View More

James L. Arrasmith
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answered on Feb 21, 2024

Based on the information provided, the arrest warrant related to your past DUI case will unfortunately not just go away on its own, even after 10 years. However, there are steps you can take to resolve this:

- Consult with a criminal defense attorney. After 10 years, the court may be...
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2 Answers | Asked in DUI / DWI for California on
Q: I plead guilty to my third DUI about 10 years ago I did not complete my outpatient program classes

I did not complete my outpatient program due to the fact I wasn't able to drive myself to the classes and back home because of my license being suspended so I failed to complete the program subsequent I did not appear in court on my next hearing and have been missing Court hearings ever since... View More

Nors  Davidson
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answered on Feb 21, 2024

A: You're likely still looking at jail time since the warrant remains active and your probation likely stayed for non compliance. While you can continue to live with the warrant as you have the past ten years, if it concerns you my best advise would be to hire a lawyer to add your case to... View More

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2 Answers | Asked in DUI / DWI for California on
Q: did my 3 month DUI course, paid my fees but still need to do the HAM progra by March 1. Will i go to jail if not finish
James L. Arrasmith
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answered on Feb 20, 2024

In California, completing a DUI program, including the Hospital and Morgue (HAM) program, is often a condition of probation for DUI convictions. If you've completed your 3-month DUI course and paid your fees but have not yet completed the HAM program by your deadline, it's important to... View More

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3 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: I have been ordered to pay victim restitution due to a DUI for over $24,000 due to their attorney fees.

My insurance settled their injury claim for below my policy limit and they signed a document saying they can no longer pursue me. The document also says it includes their attorney fees. Can the restitution fee be lowered?

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, restitution orders are generally intended to compensate victims for their losses resulting from a defendant's criminal conduct. However, if the victim has already received compensation for their losses through insurance settlement or other means, the court may consider... View More

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3 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: I have been ordered to pay victim restitution due to a DUI for over $24,000 due to their attorney fees.

My insurance settled their injury claim for below my policy limit and they signed a document saying they can no longer pursue me. The document also says it includes their attorney fees. Can the restitution fee be lowered?

Kenny D. Nguyen
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answered on Feb 26, 2024

In California, the restitution amount likely cannot be lowered. However, there might be hope in your case. First, the $24,000 amount is probably the contingency fee amount (usually 1/3 of the victim's total settlement amount) paid to the personal injury attorney for representing the victim in... View More

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1 Answer | Asked in DUI / DWI for California on
Q: Do I have to pay dui cost recovery program if I was never convicted of dui

I was in a car crash and suffered a concussion. I was arrested for possible dui but was never charged or convicted

James L. Arrasmith
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answered on Feb 3, 2024

Under California law, DUI cost recovery fees are typically assessed to cover the expenses incurred by law enforcement and emergency services in response to DUI incidents. However, if you were arrested for a possible DUI but were never formally charged or convicted, the situation may differ.... View More

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