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California DUI / DWI Questions & Answers
3 Answers | Asked in DUI / DWI for California on
Q: Can a truck be towed on private property after arrest of dui. Car was parked, car wasn’t on. No keys in ignition.

Person was arrested for dui, trucked parked on private property. Person wasn’t caught driving. Sitting in his truck at liquor store. Now tow is $500 today .

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 21, 2020

Generally, parking lots (while being privately owned) are deemed "public" and are subject to enforcement of laws as any public area. While the officers could have left your legally parked car alone, they also have the authority to tow it, and your case, they did.

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3 Answers | Asked in DUI / DWI for California on
Q: What are the charges for accidentally killing someone while drunk driving?
Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

Depends. Could be manslaughter or could be 2nd degree murder.

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5 Answers | Asked in DUI / DWI for California on
Q: What is Max prison time if convicted of a drunk driving w/ great bodily harm charge?

How early can you get out of prison on this charge if you have good behavior?

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

It's not how early, it's how long. One person could be 6 years. Plus any other charges. But in theory, with a good lawyer and facts, you could avoid any prison time.

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2 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: A person is drinking and accidentally hits another person and puts that person in a coma, what are the charges?

Person in coma lives, wakes up.

Driver has a previous DUI charge.

Takes place in Los Angeles, California.

(*Note: this is research for a novel)

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

Generally 23153 w GBI but that assumes intoxication, not just drinking. May be other charges too.

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4 Answers | Asked in DUI / DWI for California on
Q: dui help

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Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

It's very unlikely. If contacted you should not answer any questions without an attorney present. But I wouldn't worry about it currently. Supplying alcohol to a minor and consuming alcohol as a minor are both crimes. Be careful heading down that path.

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1 Answer | Asked in DUI / DWI for California on
Q: What Is court procedures in ca. Court
Dale S. Gribow
Dale S. Gribow answered on Nov 1, 2020

MY LEGAL COLUMN FOR OUR LOCAL PAPER FOR JULY 22, 2020

IF YOU DRINK AND DRIVE

If you did not heed my warning to not drink and drive and take a Taxi or Uber and you got a DUI then you need to know the following:

A DUI in California kicks in two sets of...
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4 Answers | Asked in DUI / DWI for California on
Q: What is a hung jury in ca.
Thomas Vinson Nash
Thomas Vinson Nash answered on Nov 1, 2020

In California a jury of 12 people must render a unanimous verdict to convict someone of a crime.

If the 12 people cannot reach a unanimous decision, it is a 'hung' jury, resulting in a mistrial.

The prosecution can refile the charges and prosecute again or attempt to...
Read more »

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1 Answer | Asked in Civil Litigation, Collections and DUI / DWI for California on
Q: Can I get access to information about how much money various state agencies have collected from a felony DUI offender?

I was a victim of a felony hit and run drunk driver. He rear ended me on the freeway while I was going 65 mph causing injury. The county commanded custody of restitution payments. I was awarded around $7k in a court order. The county has sent me two payments over a 12 year period totaling about... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 23, 2020

Why would the State of California collect "child support, etc.?" Generally that is paid to the person caring for the child. Maybe a person in your other category "Civil Litigation/Collections" can shed some light on this for you.

2 Answers | Asked in DUI / DWI for California on
Q: I got a DUI in California 21 years ago.

Right after I got a DUI in Monterey County California I left the state and moved to the east coast where I have lived since then. When i got the DUI I had recently gotten out of the Marie Corps and didn't have any money to pay fines. I am a 100 percent Disabled Veteran. I was injured in a... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 17, 2020

You have two ways to go, come to CA and handle the case or call some local DUI defense attorneys to help you out. The delay between filing and now prosecuting the case will probably create significant difficulties for the government to get a conviction. However, the DMV is a different situation,... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: Got dui Didn’t complete classes Warrant issued 8 years later caught What will likely happen in court when I show up

Reinstate me or jail time for running 8 years without handling it?

William Joseph Duffy
William Joseph Duffy answered on Oct 8, 2020

Best strategy to hire a local attorney who can recall the warrant. Some courts will vacate the class, others may make you complete it now. Either way, probably no significant penalty, if any.

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2 Answers | Asked in DUI / DWI for California on
Q: My arraignment was 00 bail and alcohol 00. Eighteen month later without my knowledge they increased my bail to 5,000

I was not to appear in court when they transferred my Jury trial treading to Temicula ca. I was not informed of this bail.

Dale S. Gribow
Dale S. Gribow answered on Oct 6, 2020

MORE INFO NEEDED.

IT CERTAINLY ON ITS FACE SOUNDS RETALIATORY FOR SETTING IT FOR TRIAL (AND OUT OF THE COMMUNITY).

WAS IT INITIALLY SET IN INDIO COURT?

YOUR LAWYER SHOULD GET SOME MILEAGE OUT OF THAT BAIL SETTING, IF ARGUMENT HAS MERIT. THEY ARE SENDING CASES FOR TRIAL ALL...
Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: I marsdins my court appointed public defender twice but was denied. What can I say or do he disrespects me.

Three months into my DuI case he was sighed into the Bar association.

William Joseph Duffy
William Joseph Duffy answered on Oct 6, 2020

A Marsden motion is where you complain to the court that your free appointed counsel is inadequate. A lawyer who disrespects their client should consider another career, especially one who serves as court-appointed counsel. However, disrespect is not considered in whether the attorney can... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: Can my DUI case be dismissed if I was not legally arrested. The officer stated on the supplemental/ narrative report I

The report states he gave me field sobriety and blood test. This is a false statement no test were taken. The warrant was not signed or approved.

William Joseph Duffy
William Joseph Duffy answered on Oct 6, 2020

False statements by a peace officer go to the officer's credibility at trial or motion. Assertions that the officer lied in a report can only yield a dismissal of the charges if you fight your case. The prosecutor assigned to file cases will take the officer at their word and file charges.... Read more »

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3 Answers | Asked in Child Support, DUI / DWI and Family Law for California on
Q: My ex has 2 DUI from not long ago and i just filed for child support. He claims this will send him to jail, is this true

Our child is currently one and throughout this time the father only shows up to see him 2-3 times a month for about 15 minutes. The financial support is in the form of formula and diapers and almost always comes from the fathers dad. I filled for child support and he is claiming that due to his two... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Sep 22, 2020

I don't think he can go to jail if a family court orders child support. If he violates that order he could have additional problems, including loss of driving privilege. But, he can get the order modified if his income changes so it's really up to him to keep on top of the child support order.

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2 Answers | Asked in DUI / DWI for California on
Q: Can DMV just throw whatever amount of months they want me to do in alcohol and traffic classes if I served jail time.

2cd dui 18 years ago. Served 6 months in jail came out time served with nothing on me. Dui's are not on driving record. Iv never had a lisence at all. Dmv says oh wow ok just give me 3 months of classes then reinstate. A bit excessive on the punishment? I was never court ordered anything .... Read more »

Thomas Vinson Nash
Thomas Vinson Nash answered on Sep 14, 2020

DMV keeps a record of DUI convictions that may extend far beyond any print out you receive. DMV will generally demand that you take the classes that you were required to take after your DUI conviction, prior to obtaining a license, An 18 month class is required after a multiple DUI conviction. A... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: I was charged for a 3rd dui on october 2019 i was supose to be sentenced in April can they still make me go jail

Is there anyway i can avoid jail since we are in covid 19 pandemic.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Sep 10, 2020

Your lawyer knows the most likely outcome. Many counties require actual jail time for third offenses, Los Angeles is well-known for being over crowded and for sentences being completed well before the actual release date. Your lawyer may be able to ask for a sentencing alternative and you may... Read more »

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4 Answers | Asked in DUI / DWI for California on
Q: recently got a dui marijuana, I was given my license back after the arrest, do I need to schedule a dmv hearing?

an attorney I spoke to said I do not need to because they gave me back my license and I would like to know if that is true. they did not give me a pink slip that says my license would be suspended, so I'm assuming that is true. please let me know.

thank you all, your answers have been... Read more »

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Aug 31, 2020

Nope! Prescription or illicit drug DUI arrests don’t automatically trigger suspensions. You only lose your license if you are actually convicted of the DUI or they attempt to take it in another way.

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2 Answers | Asked in DUI / DWI for California on
Q: If found innocent in court of dui am i still responsible for emergency response bill
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Aug 28, 2020

Probably, if you weren't drunk the statute permitting the emergency response costs doesn't apply

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2 Answers | Asked in DUI / DWI for California on
Q: I was charged with dui even though i was NOT intoxicated. Do i still have to pay emer. response bill if found innocent?

if found innocent in court am i responsible for emergency response bill even though i was in a accident by myself.

Alexander Andryuschenko
Alexander Andryuschenko answered on Aug 27, 2020

In that situation, you would not have to pay the emergency response cost. (see GC 53150 and CHP v. Sup Court, a 2006 case). This requirement to pay is mostly for DUI + accidents or DUI + blocking roads etc. Look at the statute, it specifically requires being "under the influence".

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4 Answers | Asked in DUI / DWI for California on
Q: I am being charged with a DUI and the city sent me a bill to cover expenses incurred by the P.D Emergency response. $806

I am going to court for this and have NOT been found guilty. Ive asked, e-mailed, and even wrote a letter to the city to stop harassing me. They continue to send letters stating that they will begin collection proceedings if i dont start making payments. What can I do?

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Aug 26, 2020

Not much. If an accident you caused while intoxicated caused an emergency response, by law, you are responsible for the costs. While you can dicker over priced, most of the time it’s not a winning proposition.

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