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California DUI / DWI Questions & Answers
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... View More

Mr. Richard Orville Middlebrook
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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
PREMIUM
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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2 Answers | Asked in Child Custody and DUI / DWI for California on
Q: My ex got a DUI with my child in the car. Will I be affected My custody?

My child isn’t his child. But he is Raising him as so. He is not adopted. So legally, my child is nothing to my ex.

Dale S. Gribow
Dale S. Gribow
answered on Aug 20, 2020

MORE INFO NEEDED.

DEPENDING ON THE FACTS, THEY MAY ARGUE NEGLIGENCE ON YOUR PART FOR ENTRUSTING YOUR CHILD WITH HIM.

HE WILL BE FACING MORE THAN A REGULAR DUI B/C OF THE CHILD IN THE CAR..........TELL HIM TO GET A LOCAL LAWYER ASAP

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3 Answers | Asked in DUI / DWI for California on
Q: What does “credit for time served of 2 days plus 2 days good and work time for a total of 4 days.” mean?

I wasn’t told I would have to do work release for my DUI, but everyone I know that was convicted of DUI has had to do work release.

Dale S. Gribow
Dale S. Gribow
answered on Jul 23, 2020

CLARIFICATION WOULD BE NICE BUT IT SOUNDS LIKE 4 DAYS AND CREDIT FOR PARTS OF 2 DAYS YOU WERE IN CUSTODY. IT SOUNDS LIKE A 4 DAY SENTENCE AND YOU ARE GETTING CR FOR 2 PLUS 2

OR 6 DAYS AND YOU HAVE DONE 2 AND CR FOR 2 MORE GOOD TIME............

I WOULD WANT TO SEE IF YOU ARE...
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1 Answer | Asked in Criminal Law, Divorce and DUI / DWI for California on
Q: Is it illegal to pay a court clerk to inform you when a celebrity court case is filed?
Maurice Mandel II
Maurice Mandel II
answered on Jul 2, 2020

The law prohibits paying a public employee of any kind for them to provide you with personal services not available to the general public. This is called bribery. Both the person paying and the recipient are committing a crime.

Justia disclaimers below, incorporated herein.

3 Answers | Asked in Criminal Law, Divorce, DUI / DWI and Small Claims for California on
Q: Is there a way to get alerted when a celebrity court case is filed?
Dale S. Gribow
Dale S. Gribow
answered on Jul 1, 2020

not that i know of.

my job was usually keeping the press away when celebs got arrested....

sometimes the police, Clerks or DA would notify press

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3 Answers | Asked in DUI / DWI and Constitutional Law for California on
Q: Can a officer open my car while I’m sleep to ask me a question when I’m parked in a parking spot

After I was told to park and go to sleep

Dale S. Gribow
Dale S. Gribow
answered on Jun 14, 2020

more info needed.

who told you it was ok to park there?

was it the owner?

was it b/c you were under the influence?

cops can investigate but more info needed

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2 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: can my boyfriend and i move out of state if he got a DUI 3yrs ago?

He’s already completed everything he needed to do and paid all his fines. he just needs to get SR-22 and reinstate his license. are we able to move out of california and still be able to do so?

Alexander Andryuschenko
Alexander Andryuschenko
answered on Jun 12, 2020

You can move out of state as long as he is not on a felony probation. Being on summary (usually misdemeanor) probation has no affect on your ability to move out of state (or even out of the country).

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2 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Civil Rights for California on
Q: If I hit a side walk and telephone pole can another person stop me from seeking medical help?

1

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Jun 11, 2020

I would encourage you to contact a local lawyer and have a meeting to discuss the facts of your case. If you were over the limit, involved in an accident and fled the scene without leaving your insurance or other contact information you are going to need a lawyer to defend you. Quite likely you... View More

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3 Answers | Asked in Car Accidents, DUI / DWI and Insurance Defense for California on
Q: If you get a dui at 17 with no license or insurance and get in a crash what will happen

could you go to court alone if you are turning 18 before the court date ?

Mr. Richard Orville Middlebrook
PREMIUM
Mr. Richard Orville Middlebrook
answered on May 22, 2020

There are so many variables in this it’s hard to answer. The case will be handled in the juvenile courts. There certainly will be some very stiff punishments and more so if someone was injured. There will a significant license suspension of at least a year. Likely to be charged with multiple... View More

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2 Answers | Asked in DUI / DWI for California on
Q: I received 2 DUIs with a month in 2013, very bad time in my life, is it at all possible for me to get a Class A license?

I have never had a Class A license before

Dale S. Gribow
Dale S. Gribow
answered on May 18, 2020

MORE INFO NEEDED.

WITH A 2ND DUI WITHIN 10 YEARS, YOUR LICENSE IS SUSPENDED FOR 1 YEAR

HOWEVER, IF IT WERE A RECENT DUI YOU CAN INSTALL THE IGNITION INTERLOCK DEVICE. (IID)

YOU SAY THEY WERE BOTH IN 2013 SO YOU WOULD NOT BE ELIGIBLE FOR IID.

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2 Answers | Asked in DUI / DWI for California on
Q: second dui offense. Interlock eligibility? Reasons for ineligible

From interlock company what you say in hearing

Dale S. Gribow
Dale S. Gribow
answered on May 16, 2020

SB1046 ALLOWS IGNITION INTERLOCKS, BUT ONLY FOR DUI'S AFTER 1/1/19

________________________________________________________________

THE DUI client MUST go to IID to install and they give driver a DL 920, certificate of installation, that the driver takes to DMV

An...
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2 Answers | Asked in Legal Malpractice, DUI / DWI, Immigration Law and Cannabis & Marijuana Law for California on
Q: Info on Noe Mejia Calderon his ethics and moral standards
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on May 6, 2020

You can check the California Bar website (https://www.calbar.ca.gov/), any person who has been licensed to practice in CA is listed as is their status to practice law and any disciplinary action taken against them.

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1 Answer | Asked in DUI / DWI for California on
Q: Breathalyzer/license

So I got a dui back in 2017 I finish my courses and was told I couldnt get a interlock and was told to bring in a proof of sr22 and reissued my license but now there saying its mandatory for me to get it but I was told since it was a wet and reckless at that time I didnt need it so I'm... View More

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on May 3, 2020

Call Mandatory Actions 1.916.657.6525, they can tell you what you need to do to get your license reinstated.

2 Answers | Asked in DUI / DWI for California on
Q: I have a dui charge. I haven’t been able to proceed with the things I need to do due to the covid-19. Do I have a right.

To get my charges dismissed or overturned because of this? Or am I just suppose to waste time and wait for all this to blow over?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Apr 14, 2020

The current situation is unlikely to result in either your charges being dropped or your conviction being overturned. Your question cannot be completely answered because charges being dropped presupposes that prosecution of your case hasn't started or been completed, whereas, overturned... View More

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3 Answers | Asked in DUI / DWI for California on
Q: What type of paperwork can show that my previous cases have closed and I have no open cases against me?

I have had 2 dui and driving on a suspended license cases in the past. Using my finger prints my FBI background check shows these cases but doesn't clearly show that these cases have ended. What type of paperwork can I ask from the court to show that these cases have concluded and that there... View More

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Mar 18, 2020

If by closed you mean settled, each case has a disposition order, that indicates your plea (or verdict) and sentence, you may be able to get the paperwork at any courthouse, but definitely at the courthouse where the case was prosecuted. Regarding open cases, that's what the background check... View More

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3 Answers | Asked in DUI / DWI for California on
Q: During the covid-19 quarantines, it says to avoid gatherings of 10 people, must I go to court? I am scared to leave home

Trying to avoid social interaction, this is a serious issue in the US.

Dale S. Gribow
Dale S. Gribow
answered on Mar 17, 2020

more info needed.

each county is different.

i just read today of LA continuing cases and here in Riverside Co they are likewise putting cases over.

you should call a local lawyer or request a public defender to assist you for you courthouse.

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3 Answers | Asked in DUI / DWI for California on
Q: What are the chances of having a 1st dui In california BAC .23 reduced or dismissed for medical reasons

.....

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

It won't be dismissed for medical reasons, you may be found "not guilty" by a jury following a jury trial. You should contact a local DUI defense attorney to discuss your medical issues and how they can be developed into a defense.

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