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answered on Feb 5, 2019
It isn't part of the Penal Code, it's codified in the Vehicle Code, there are several sections.
I refused breath test; chose blood test. Given blood draw consent form; it included statement: "I am NOT a person who has a heart condition and NOT a person who takes anticoagulant medication". Officer was informed I do have a heart condition and I do take anticoagulant medication; I... View More 
answered on Jan 21, 2019
NO
calif no longer offers Urine tests b/c they have been determined to not be as accurate as
blood and breath......
Another car and I were involved in a car accident by a guy who was speeding 80mph. I was hit first, then he tired to get away and hit another car, and then he tired to get away but he only got half a mile before crashing into a school. This happened at night so no students were around.... View More
answered on Jan 19, 2019
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... View More
My license was suspended for falling behind $30 on child support. As a deadbeat father who drives commercially for a living , I understand that this punishment of losing my livelihood is well deserved. Since it made no sense at all to the representative I spoke to at DCSS that this suspension took... View More
answered on Jan 19, 2019
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.
I was stopped for a suspicion of drunk driving at 3:30 am. I had a mixed drink at 11:00 pm and two beers after that. I felt completely sober (and I do understand how alcohol could still be in your system even if you don't feel it). I thought I passed the sobriety test since I did everything... View More
answered on Jan 15, 2019
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.
I was told I had to put myself back on the calendar to request an exention. Is there a possibility I will be taken into custody for failing to comply. I’m a week and a half over the date I should have signed up by.
answered on Jan 9, 2019
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... View More
I am 19 years old I got the DUI 5 days ago. I was on the side of the road with my hazard lights on(did not get pulled over). CHP approached me and ask if I was drinking I said "no". They smelt alcohol in my car and asked me to perform some test. I know I passed all of them. However, I did... View More
answered on Jan 4, 2019
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
Currently a masters student in France, I was supposed to go on an exchange program with a J1visa in 2019. I have previously travelled to the US several times. The last time, in 2016, I unfortunately got a DUI. I have since gotten a lawyer and took care of it. This year, 2018, i did not mention my... View More
answered on Jan 4, 2019
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,... View More
A dui would prevent me from being able to get my nursing license for 10 years. This is my first offense
answered on Dec 23, 2018
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... View More
We’re filed 11/18/2008 in the 10 years I picked up two more duis and served my time and just recently I picked up a fourth dui on 11/12/2018 and charges were filed 11/16/2018 as a misdemeanor but then dropped then da filed charges on 12/10/2018 for my dui they say I committed on 11/12/2018 ....... View More
answered on Dec 21, 2018
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... View More
Original citation 23152 (a)
3 weeks later da changed to 2011 (a)
Issued a bench warrant and never notified me of bench warrant.
Original court date 12/20/2018.
I was informed I could have been arrested if an officer chose to.
12/21/2018 thank you for the... View More
answered on Dec 20, 2018
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... View More
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answered on Dec 21, 2018
A lot of time it depends on how recent the DUI was. As noted, many states have mandatory jail time for a second offense but it usually has to be recent. In Virginia, there is mandatory jail for a second offense within ten years. So if it was beyond ten years then there is no mandatory jail in... View More
answered on Nov 16, 2018
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... View More
The ticket was marked an infraction and correctable This is in CA. What will happen when I go to traffic court? Also, on the website it says I simply have to provide proof of correction and pay a small fine. And in the notice from the superior court it says the same thing and that requesting a... View More
answered on Nov 1, 2018
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... View More
answered on Oct 31, 2018
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?
They want to random drug test and I do not drive vehicle. I feel that I am being harassed they suspended me for 15 days. Can I file a harassment
Their policy only shows for county driver
answered on Oct 30, 2018
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.
I had a warrant for my arrest. Warrant was due to some unpaid fees from a DUI from 8 years ago (thought everything was paid off, but no). I paid the fee, received confirmation # and was told it's now taken care of. Later, I received ticket in mail for running a stop sign. It was issued based... View More
answered on Oct 29, 2018
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.
In June of 2012 I was pulled over by Monterey Country Sherrifs I was only supposed to get an infraction for Swerving in the road. The Officer said that he was going to let me go and not get my vehicle towed to call a licensed driver to pick up my car. I was very honest with him in regards to having... View More
answered on Oct 17, 2018
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... View More
Improper investigations and tickets. The dmv rep acted as adjudicator and prosecuted which the Supreme Court ruled in violation of my civil rights and lack of impartiality. Can I sue? Can I do anything about it? Thank you
answered on Oct 8, 2018
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... View More
answered on Oct 3, 2018
You can be picked up, "stopped" anywhere in the US, the airport included. You will also have to "clear" customs if you return from an international trip. The clearance process will likely show the arrest warrants, what happens at that point is up to the authorities at the... View More
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