California DUI / DWI Questions & Answers
Q: Can I sue for defamation of being accused of DUI when I was pulled over and never charged
Dale S. Gribow's answer
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..
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..
Q: what is the penal code for DUI in ca.?
Mr. Hudson Thomas Bair's answer
It isn't part of the Penal Code, it's codified in the Vehicle Code, there are several sections.
It isn't part of the Penal Code, it's codified in the Vehicle Code, there are several sections.
Q: Is not offered choice of a Urine Test in CALIF Dui arrest, a valid defense against a "chemical test refusal charge?
Dale S. Gribow's answer
NO
calif no longer offers Urine tests b/c they have been determined to not be as accurate as
blood and breath......
NO
calif no longer offers Urine tests b/c they have been determined to not be as accurate as
blood and breath......
Q: How do I get someone's insurance and driver license after an accident after he is arrested?
Mr. Hudson Thomas Bair's answer
Call the police, if the driver was arrested they will have the information you need. You should have "uninsured motorist" coverage which will help you if the other driver is uninsured, there is also a restitution process that may be initiated if the other driver is found guilty of a criminal offense.
Call the police, if the driver was arrested they will have the information you need. You should have "uninsured motorist" coverage which will help you if the other driver is uninsured, there is also a restitution process that may be initiated if the other driver is found guilty of a criminal offense.
Q: California dept of child support services license reinstatement , effective when they release or when DMV reinstates ?
2 Answers
| Asked
in
Criminal Law, DUI / DWI, Family Law and Traffic Tickets
for
California
on
Answered on Jan 19, 2019
Answered on Jan 19, 2019
Steven McNicholl's answer
The DMV is its own separate system from the court and DCSS. You need to contact the DMV to determine the status of your license and reinstate through them. Nothing outside the DMV will automatically reinstate your drivers license.
The DMV is its own separate system from the court and DCSS. You need to contact the DMV to determine the status of your license and reinstate through them. Nothing outside the DMV will automatically reinstate your drivers license.
Q: I blew through a breathalyzer, but was not told what my BAC level was? the same thing happened at the station
Mr. Hudson Thomas Bair's answer
You should contact a local DUI Defense Attorney to discuss the facts and possible defenses. Many DUI Defense lawyers offer free consultations, if you were sober and did well on the field tests a lawyer should be able to use that to your advantage.
You should contact a local DUI Defense Attorney to discuss the facts and possible defenses. Many DUI Defense lawyers offer free consultations, if you were sober and did well on the field tests a lawyer should be able to use that to your advantage.
Q: I missed the day to sign up for dui classes and I was told to ask judge for an extension will I be arrested if I go to
Steven McNicholl's answer
By not signing up for the DUI class you are in violation of probation. Many factors will determine if you are taken into custody. It is possible that the District Attorney will reinstate the terms of your probation, meaning the original terms will still be put back in effect. It will largely depend on the facts and circumstances of your case.
By not signing up for the DUI class you are in violation of probation. Many factors will determine if you are taken into custody. It is possible that the District Attorney will reinstate the terms of your probation, meaning the original terms will still be put back in effect. It will largely depend on the facts and circumstances of your case.
Q: Should I fight my DUI case
Dale S. Gribow's answer
more info needed
if you don't fight you lose your license for 1 yr automatically.
if you have the money fight it or ask for court appointed lawyer to look into your defenses
more info needed
if you don't fight you lose your license for 1 yr automatically.
if you have the money fight it or ask for court appointed lawyer to look into your defenses
Q: I've been refused a J1visa twice due to a DUI for ommitting the arrest on the application, how can I be able to use esta
1 Answer
| Asked
in
Criminal Law, DUI / DWI, Immigration Law and International Law
for
California
on
Answered on Jan 4, 2019
Answered on Jan 4, 2019
Allen C. Ladd's answer
You will not be able to travel to the USA with a DUI arrest (even without conviction) within the past 5 years, because you are a public danger. You will need to get clearance from a "panel physician" who is on contract with the US consulate in France. Go to the consulate's website, or go to www.aila.org to look for a US immigration attorney in France, for further guidance. (If you don't find one in France, go to Germany in the listings, there are several I know of who handle this matter.)...
You will not be able to travel to the USA with a DUI arrest (even without conviction) within the past 5 years, because you are a public danger. You will need to get clearance from a "panel physician" who is on contract with the US consulate in France. Go to the consulate's website, or go to www.aila.org to look for a US immigration attorney in France, for further guidance. (If you don't find one in France, go to Germany in the listings, there are several I know of who handle this matter.)...
Q: I blew a 0.09 and got a dui what are the chances of me getting it reduced to a wet and reckless im in nursing school and
Omid Rejali's answer
Did you blow a 0.09 on the PAS device? (Preliminary Alcohol Screening). Why were you pulled over? There are many questions that a qualified attorney would need to speak to you and ask you about to evaluate your case further. It is definitely worth contacting an attorney and speaking with them over the phone as this is not the proper forum to discuss those types of things.
Did you blow a 0.09 on the PAS device? (Preliminary Alcohol Screening). Why were you pulled over? There are many questions that a qualified attorney would need to speak to you and ask you about to evaluate your case further. It is definitely worth contacting an attorney and speaking with them over the phone as this is not the proper forum to discuss those types of things.
Q: Do duis go by the date filed or the dates the dui happened I received a dui and was arrested 11/16/2008 and charges
Alexander Bakhache Perez's answer
The date the plea was entered into, the latest date, but it is an argument to make, either case you have 3 other DUI's within 10 years - you will need a lot of help to negotiate this or fight the case since the consequences are high for you.
all in the same state and same county for the DUI's. Have few questions to go over feel free to call for a free over the phone consultation.
The date the plea was entered into, the latest date, but it is an argument to make, either case you have 3 other DUI's within 10 years - you will need a lot of help to negotiate this or fight the case since the consequences are high for you.
all in the same state and same county for the DUI's. Have few questions to go over feel free to call for a free over the phone consultation.
Q: Can the penal code on a citation be changrd or altered after the citation is given?
3 Answers
| Asked
in
Criminal Law, DUI / DWI and Traffic Tickets
for
California
on
Answered on Dec 20, 2018
Answered on Dec 20, 2018
Dale S. Gribow's answer
more info needed.
yes, they can change code sections.
the officer arrest for what s/he thinks has been done wrong and the filing DA then decided what laws to file on.
they often a not ready at an arraignment and then instead of notifying you they just file as a BW............totally wrong but one all the time.
more info needed.
yes, they can change code sections.
the officer arrest for what s/he thinks has been done wrong and the filing DA then decided what laws to file on.
they often a not ready at an arraignment and then instead of notifying you they just file as a BW............totally wrong but one all the time.
Q: Will a second DUI get jail time?
Bernard Crane's answer
In most places, yes. Perhaps not a lot of jail time, but many jurisdictions now have mandatory time for a second offense.
In most places, yes. Perhaps not a lot of jail time, but many jurisdictions now have mandatory time for a second offense.
Q: What will happen to my insurance with a wet reckless?
Mr. Hudson Thomas Bair's answer
Your results will vary depending on who your insurance company is and the DMV outcome. If you get a "wet" reckless in court but lose the DMV hearing you will still be required to file an SR-22 which will trigger additional consequences with your insurance company. You should discuss this with both your lawyer and your insurance person.
Your results will vary depending on who your insurance company is and the DMV outcome. If you get a "wet" reckless in court but lose the DMV hearing you will still be required to file an SR-22 which will trigger additional consequences with your insurance company. You should discuss this with both your lawyer and your insurance person.
Q: I got pulled over for vehicle code 40603(B) which requires traffic court because I have a suspended license for dui
Dale S. Gribow's answer
YOU WILL AT LEAST BE CHARGED WITH A 14601 DRIVING ON A SUSPENDED LICENSE...WHICH IS A MISDEMEANOR NOT AN INFRACTION.
WHAT HAPPENS WILL DEPEND ON YOUR RECORD AND FOR WHAT THE LICENSE WAS SUSPENDED............YOU MAY GET JAIL SENTENCE BUT YOU CAN TRADE FOR HOME ARREST WITH AN ANKLE BRACELET..........
MY ADVICE IS TO GET A LAWYER ASAP.
CALL IF YOU NEED SOME NAME.............DALE GRIBOW 760 837 7500
YOU WILL AT LEAST BE CHARGED WITH A 14601 DRIVING ON A SUSPENDED LICENSE...WHICH IS A MISDEMEANOR NOT AN INFRACTION.
WHAT HAPPENS WILL DEPEND ON YOUR RECORD AND FOR WHAT THE LICENSE WAS SUSPENDED............YOU MAY GET JAIL SENTENCE BUT YOU CAN TRADE FOR HOME ARREST WITH AN ANKLE BRACELET..........
MY ADVICE IS TO GET A LAWYER ASAP.
CALL IF YOU NEED SOME NAME.............DALE GRIBOW 760 837 7500
Q: What are we looking at for my husband - second DUI.
Dale S. Gribow's answer
MUCH MORE INFO NEEDED
WAS HE STILL ON PROBATION?
WAS 1ST MORE THAN 10 YRS AGO?
WHAT WAS READING ON NEW CASE?
TRAFFIC ACCIDENT?...INJURY?
WHAT COURTHOUSE AND WHICH JUDGE AND DA?
MUCH MORE INFO NEEDED
WAS HE STILL ON PROBATION?
WAS 1ST MORE THAN 10 YRS AGO?
WHAT WAS READING ON NEW CASE?
TRAFFIC ACCIDENT?...INJURY?
WHAT COURTHOUSE AND WHICH JUDGE AND DA?
Q: I work for LA County and got a DUI I report and they gave me a drug test and it was Positive for THC 15 lg
Dale S. Gribow's answer
more info needed
you should contact lawyer in LA not Palm Springs.
you should have a lawyer for the DUI and if you can't afford one the court will appoint one.........that lawyer will have all the facts..................
however, i would think what they are asking is realistic.
more info needed
you should contact lawyer in LA not Palm Springs.
you should have a lawyer for the DUI and if you can't afford one the court will appoint one.........that lawyer will have all the facts..................
however, i would think what they are asking is realistic.
Q: I was recently in a car accident - ruled to be my fault. Cops arrived at scene, looked me up in system and told me that
2 Answers
| Asked
in
Car Accidents, DUI / DWI and Traffic Tickets
for
California
on
Answered on Oct 29, 2018
Answered on Oct 29, 2018
William John Light's answer
If you are indigent, the court will appoint a public defender to represent you. Otherwise, you need to pay an attorney to clean this up.
If you are indigent, the court will appoint a public defender to represent you. Otherwise, you need to pay an attorney to clean this up.
Q: DUI Suspended License
Mr. Hudson Thomas Bair's answer
It's hard to answer your question because you really aren't asking a question. If you were arrested for DUI then you should consult a lawyer as quickly as possible since you have rights that will "expire" within 10 days of your arrest. Despite the fact that your license is expired you can reinstate at any time (unless you are suspended, in which case you have to clear up the suspension before getting your license). It seems likely the stop for swerving was the grounds for the initial contact...
It's hard to answer your question because you really aren't asking a question. If you were arrested for DUI then you should consult a lawyer as quickly as possible since you have rights that will "expire" within 10 days of your arrest. Despite the fact that your license is expired you can reinstate at any time (unless you are suspended, in which case you have to clear up the suspension before getting your license). It seems likely the stop for swerving was the grounds for the initial contact...
Q: I had my licensees suspended for a month after a hearing. Not due to dui or die which I’ve never had but a few
1 Answer
| Asked
in
DUI / DWI and Gov & Administrative Law
for
California
on
Answered on Oct 8, 2018
Answered on Oct 8, 2018
Mr. Hudson Thomas Bair's answer
I'm not sure what you are asking but if you are questioning the legitimacy of the DMV procedures because the hearing officer is both the prosecutor and the fact finder, that has been litigated and upheld. You should ask your lawyer what appellate steps can be taken following an adverse DMV decision.
I'm not sure what you are asking but if you are questioning the legitimacy of the DMV procedures because the hearing officer is both the prosecutor and the fact finder, that has been litigated and upheld. You should ask your lawyer what appellate steps can be taken following an adverse DMV decision.
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