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California DUI / DWI Questions & Answers
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 »

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

A wet reckless will be treated as a prior DUI, provided it occurred within the last 10 years. You need to hire an attorney to see if the first incident occurred more than 10 years before the most recent DUI, and thereby avoid facing the consequences of a 3rd DUI. Of course, even if it occurred... 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)

2 Answers | Asked in DUI / DWI for California on
Q: Do I need an SR22 in California if my DUI conviction is over 10 years old?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jul 5, 2022

Yes, you will need to get SR-22 insurance and meet any other requirements that were in place following your suspension for DUI. You could contact DMV Mandatory Actions at 1.916.657.6525 to determine what steps you need to take to reinstate your license.

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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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