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California DUI / DWI Questions & Answers

1 Answer | Asked in Criminal Law and DUI / DWI for California on

Q: I JUST FOUND OUT I HAD 2 WARRANTS. IF I GO TO THE COURT CLERKS OFFICE HOW LONG DOES IT TAKE TO PUT ME ON THE CALENDAR?

I LIVE IN SAN DIEGO CA AND 1 IS FOR A DUI TICKET AND THE OTHER IS A TROLLEY TICKET. BOTH ARE MISEDEAMANORS AND OVER 8 YEARS OLD. I HAVE NOT BEEN IN ANY TROUBLE IN 8 YEARS.

Mr. Hudson Thomas Bair answered on Aug 24, 2019

Call the Clerk's office, some courts have same day (meaning you show up to court when the Clerk's office opens and you get added to the calendar that day) while others have a more involved scheduling system which requires you show up and you get a court date some time in the future.

2 Answers | Asked in DUI / DWI for California on

Q: I recently got my first arrest for DUI. Should I wait for the court to assign me a DUI class or should I sign up myself?

Mr. Hudson Thomas Bair answered on Aug 16, 2019

This isn't a clear-cut question with an easy answer. It depends on the facts of your case, you should contact a local DUI defense attorney to discuss the facts of your case, possible defenses and likely outcomes, you might also discover that a lawyer isn't as expensive as you think.

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2 Answers | Asked in DUI / DWI for California on

Q: I have a no drinking clause in nevada effective until March 6th 2020 that's my final court day but I just got a dui in

California will the judge know about this dui in CA in my final court day?

Mr. Hudson Thomas Bair answered on Aug 15, 2019

As I wrote earlier, no one knows, there are four ways a judge would find out, the prosecutor in your DUI case calls the judge/court, the judge in your DUI case calls the court/judge, you have a self-reporting requirement and you tell the court/judge or the judge/court/prosecutor in Nevada runs your... Read more »

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2 Answers | Asked in DUI / DWI for California on

Q: I have a drinking clause in nevada but I just got a dui in California when will the nevada judge find out about this

Dale S. Gribow answered on Aug 14, 2019

need more info

i would ask this of my nevada attorney.

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3 Answers | Asked in Criminal Law and DUI / DWI for California on

Q: If I am not on probation or parole and am placed under arrest can I be searched and be given a blood test?

I was placed under arrest for DUI while not in the vehicle and the keys not in the ignition in my own driveway. Police were called by neighbors because; I thought I was in park and was not reached over to grab two pizzas in the seat next to me my foot left the brake as my vehicle ran into my own... Read more »

Mr. Hudson Thomas Bair answered on Jul 21, 2019

You have a lot of potential issues, you should contact at least one local DUI defense attorney to discuss the facts of your case, possible defenses and likely outcomes. Your issues range from reasonable suspicion to initially contact you in your driveway to the blood test, each point along the... Read more »

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3 Answers | Asked in DUI / DWI for California on

Q: my 18 year Son got a citation for Xanax in his car - he doesn’t know where it came from. What should I do ?

Police asked to search his car and he agreed. They found Xanax - he doesn’t own it or use it. Citation for court date in August- he’s 18 years old no misdemeanor.

Dale S. Gribow answered on Jul 3, 2019

more info needed.

they are charging him with possession of a dangerous drug.........NOT ownership.

if you can afford a lawyer let me know the court he is ordered to and i will give you lawyers for that court.........

760 837 7500

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2 Answers | Asked in DUI / DWI for California on

Q: good morning, I am currently fighting a dui, by myself, taking it to trial on the basis that the ALCOHOL PREP PAD that

the nurse used, heavily I might add, on my arm PRIOR and immediately before piercing alcohol soaked area w/syringe & drawing blood. now. can I have a test done to where I go have my blood drawn twice, one in each arm, and one w/alcohol pad & the other w/o. AND take the astonishing 27 days before... Read more »

Mr. Hudson Thomas Bair answered on Jun 24, 2019

Assuming an alcohol swab was used to clean the site (usually they don't use an alcohol swab) you will need to contact a forensic toxicologist who has a lab or has a relationship with a lab to conduct the experiment. Of course, just because you create such an experiment doesn't mean a judge will... Read more »

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1 Answer | Asked in DUI / DWI for California on

Q: Statutory DUI laws prior to 2009 in California.

July 2009 is when Calif courts reliquished controll or juristiction to DMV on all DUI enforment of statutory laws. Prior to that the Judge decided all aspects like school, interlock dev. Ect. DMV now says it has jurisdiction over cases even prior to 2009. Ex Post Facto comes to mind. Is this true?

Mr. Hudson Thomas Bair answered on Jun 23, 2019

The DMV has always had jurisdiction over licensing matters, nothing changed in 2009.

6 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Personal Injury for California on

Q: Dui accident on 06/13/19 , charged with involuntary vehicular manslaughter/ great bodily injury in,San Bernardino county

Accident was caused by , the negligence of a semi truck driver makeing a sudden illegal u-turn .

Clearly marked "NO U-TURNS"!

In a marked 50 mph zone.

William John Light answered on Jun 16, 2019

There could be a personal injury claim arising out of this for the decedent and any injured. Consult with a PI attorney.

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3 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for California on

Q: Pro bono ?

Dui (drugs) / great bodily injury/ involuntary vehicular manslaugther.

Pro bono attorney in San Bernardino , Ca.

William John Light answered on Jun 16, 2019

Get a public defender. If you want a private attorney, you will have to pay, and for those charges, it isn't cheap. Time to call on your family and friends to chip in.

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2 Answers | Asked in DUI / DWI for California on

Q: What is the process of getting your drivers license back after being revoked. Lived in Illinois now in Texas.

yes this was a DUI. person served time in jail and prison, met his drug and alcohol classes been off parole for 2 years. Needs his

license for work. Currently walking to work. Where do we begin?

Thank you

Mr. Hudson Thomas Bair answered on Jun 13, 2019

Assuming your DUI conviction and license suspension is based on an incident in CA, you need to call California DMV Mandatory Actions Unit (1.916.657.6525) and ask them how to reinstate your CA driving privilege (if you had a non-CA drivers license) or get your CA license reinstated,

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3 Answers | Asked in DUI / DWI for California on

Q: Had 2 drinks, car was parked, was sleeping, police knocked on window motion to roll down. Gave sobriety test then ask ,t

take breathalyzer ask if I had to he said no, I only said ok and then was arrested.

Mr. Hudson Thomas Bair answered on May 8, 2019

OK, I understand the underlying situation, do you have a question?

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2 Answers | Asked in Car Accidents and DUI / DWI for California on

Q: Am I liable to pay for someone else DUI fees and other fees when registering a salvage title car?

My brother just bought a used car from a site like Craigslist. He went to go register it and found out it has DUI fees and other penalties from the original owner(I have a picture). Is he really liable to pay those?

No contact was signed besides a bill of sale and they did have the title on... Read more »

Mr. Hudson Thomas Bair answered on Apr 10, 2019

It depends on the terms of the contract.

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2 Answers | Asked in DUI / DWI for California on

Q: went to dmv to get my license was told i had to complete 18 month sb38 is there anyway around this in california

Mr. Hudson Thomas Bair answered on Apr 9, 2019

No, probably not, you can call Mandatory Actions, 1.916.657.6525 and ask directly but it's unlikely unless you live out of state.

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2 Answers | Asked in DUI / DWI for California on

Q: I have a suspended California driver’s license, for my 2nd DUI.

Nothing additional

Dale S. Gribow answered on Apr 7, 2019

More info is needed to properly evaluate your case. Was Texas arrest on Calif BW?

A BW is issued what a defendant does not do everything demanded by the court on their plea.

However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to...
Read more »

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3 Answers | Asked in DUI / DWI for California on

Q: I got arrest I’m 2008 and the jail put my day of birth wrong. I would like to know when I go to ca d Dmv and put m

My finger prints it will show

Dale S. Gribow answered on Mar 23, 2019

More info is needed to properly evaluate your case. Are you saying you had an arrest in 2008 and case is pending or over? i would need more info to advise you if you should alert DMV. However as a rule i think we should not wake sleeping dogs.......you did nothing wrong, the jail did.... Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on

Q: Is there an ADIS-equivalent class here in California?

I had a DUI reduced to Reckless Driving in Washington back in 2015. The court has released my license since then, but the state of WA demands that I get this class done if I want my license again in California.

I'd really like to drive for myself again but I have no way of getting to... Read more »

Dale S. Gribow answered on Feb 26, 2019

more info needed.

however, you have to look to what Washington demands.

we are doing the same thing with a Calif DUI with a client living in Hawaii.

the best thing is to check with a company that handles it in your state and see if they can refer to someone.

a class...
Read more »

3 Answers | Asked in Divorce, DUI / DWI, Employment Law and Personal Injury for California on

Q: Is it possible to over turn a DUI conviction?..like when they say you blew a .89 and your 5'11"@ 160..help pls

Alexander Bakhache Perez answered on Feb 21, 2019

You should contact a local attorney that handles DUI cases near your area to ask for a free consult and review the facts of your case. The case will depend on how the evidence was obtained and the details regarding the stop and arrest as well as review the procedure and evidence that is in your... Read more »

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1 Answer | Asked in DUI / DWI and Small Claims for California on

Q: Can I sue for defamation of being accused of DUI when I was pulled over and never charged

I was accused by my brother for hitting his car with my truck and driving drunk. I was pulled over but never found to be drunk. Cops responded to my brothers home and they found that I didn't hit his car. I want to sue for defamation. Do I have grounds to do so?

Dale S. Gribow answered on Feb 10, 2019

more info needed but anyone can sue for anything at any time.

the question is will you win and do you want to spend the money on an attorney billing you hourly for their work.

my suggestion is save your money..

1 Answer | Asked in DUI / DWI for California on

Q: what is the penal code for DUI in ca.?

Mr. Hudson Thomas Bair answered on Feb 5, 2019

It isn't part of the Penal Code, it's codified in the Vehicle Code, there are several sections.

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