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California DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: What does the May 2018 revision to CA Prop 57 do to help release non and semi-violent offenders?

My brother has already served his minimum sentence for a felony DUI (3rd DUI and causing great bodily harm to another person). He has tasked me with investigating a supposed revision to Prop 57 that occurred in May that would extend the minimum sentence release to what he described as... View More

John Karas
John Karas
answered on Sep 29, 2018

This is not a DIY project. Your brother has the right to be represented by an attorney he or someone on his behalf retains (meaniing hires and pay) or his Public Defender (if as I suspect a PD was appointed on his underlying case) at his parole hearing.... View More

2 Answers | Asked in DUI / DWI for California on
Q: I was recently arrested for DUI but was not told my BAC. I take medication that has the ability to alter the actual read

The police won’t let me have a copy of the police report nor inform me of what it was. Would obtaining an attorney help me in obtaining this information? Also, would this be something I can fight myself or would I need a lawyer?

Dale S. Gribow
Dale S. Gribow
answered on Sep 27, 2018

much more info needed but you DO NEED a LAWYER.

the drugs make you more under the influence but does not change the reading.

thus if you were a .15 you would be more under the influence that if you had not taken a rx drugs.

if you can afford a lawyer contact me and i will...
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5 Answers | Asked in DUI / DWI for California on
Q: My son was arrested for DUI with a BAC of .07. The limit for DUI is .08. will his be reduced or dropped possibly?
Omid Rejali
PREMIUM
Omid Rejali
answered on Sep 25, 2018

The prosecution will likely offer him a reduced charge. However, I would strongly recommend hiring an attorney to evaluate his case. There could be a chance depending on the facts of the case to have the charges dismissed altogether.

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2 Answers | Asked in DUI / DWI and Criminal Law for California on
Q: Pulled over for public drinking!?

5 of us have been drinking vodka out of the bottle in the car at a neighborhood.

3 of us had ids and 2 didn't.

They asked us our names and birthdays and if we were on probation. Two of us were on probation. The cops left without giving us any ticket or arrest. Should we be... View More

Amber Hardy
Amber Hardy
answered on Sep 25, 2018

Good afternoon. For the two that are on probation, if it is formal probation with a probation officer one of the terms is that you report police contact. If it were to come up later and you had not reported it, then it could be a problem. If it is informal probation there is no need to do anything.

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3 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: Can I be locked up for a bench warrant over 2years I didn't was issued

My job did a back ground check and there giving me some time to take care of it

Dale S. Gribow
Dale S. Gribow
answered on Sep 23, 2018

need more info

however, if this is isolated and you have a good excuse for why you did not do something, then you should not be locked up..........but you could be.

if you are in a position to hire a lawyer contact me and i will help you find one for the court you are assigned to...
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1 Answer | Asked in DUI / DWI for California on
Q: If I received a DUI in CA with an NC license about 13 years ago, paid the fines but never too the classes and closed It

Am moving back to NC, will I be able to get a license in NC in some way?

John Karas
John Karas
answered on Sep 23, 2018

Unlikely. North Carolina participates in an Interstate Compact in which states share driver's license information including DUI's and suspended licenses. Not having completed the DUI classes in California resulted in your license having been suspended by the issuing state's DMV but... View More

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: My car is stolen from a dealership (service dept), what do I do?

Hi,

I left my car at an official Ford dealership for servicing. The next day, the car was stolen from their lot. It is still not found. Police and dealership employees are not responsive, and I am considering bringing this issue to court. What are my chances of winning it and would that be... View More

Dale S. Gribow
Dale S. Gribow
answered on Sep 16, 2018

more info needed.

i would think their insurance would cover this.

remember this is not the type of case that lawyers take on a contingency but rather would handle on an hourly.

if they accepted on a contingency and your car was worth $12,000 and the lawyer took 1/3 you would...
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2 Answers | Asked in DUI / DWI for California on
Q: Hello, I was recently arrested for a dui and can’t afford a lawyer. Where do I turn for help?
John Karas
John Karas
answered on Sep 8, 2018

If you cannot afford an attorney, a Public Defender will be appointed to represent you by the court assuming you are income eligible (you will be required to fill out a form listing your income and expenses to determine such eligibility).

Even if you don't think you can afford to...
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2 Answers | Asked in DUI / DWI for California on
Q: What are the current rules about driving while stoned in California now that pot is legal?
Alexander Bakhache Perez
Alexander Bakhache Perez
answered on Aug 30, 2018

You can not drive under the influence, even through buying pot may be legal.

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2 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for California on
Q: DUI permanent residency card renewal.

I was placed in deportation proceedings 10 years ago but received cancellations of removal. It it time to renew my permanent residency card. I ignorantly was convicted for DUI 6 years ago, has since been expunged.. The fear is I will be placed in removal proceedings again. Looking for a Los Angeles... View More

Dale S. Gribow
Dale S. Gribow
answered on Aug 16, 2018

YOU NEED AN IMMIGRATION LAWYER NOW.

AN EXPUNGEMENT DOES NOT TAKE IT OFF YOUR RECORD. IT IS THERE FOR AUTHORITIES TO FIND IT.

CONTACT ROMBEN AQUINO OF FONG AND AQUINO ...IMMIGRATION AND NATIONALITY LAWYERS........626 663 6956

TELL HIM DALE GRIBOW REFERRED YOU. YOU ALWAYS GET...
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1 Answer | Asked in DUI / DWI for California on
Q: Will I get extradited from another state away by my P.O. if I am in violation of my probation? It was a misdemeanor DUI.

I got a DUI in WA state, I plead guilty and was placed on probation. It was my 1st DUI. My family lives in CA. I moved to CA to get back with my family. My P.O. allowed me to move to CA, they did not transfer my case I just call to keep in touch. I am currently having issues with the outpatient... View More

John Karas
John Karas
answered on Aug 11, 2018

Something will "come out of it" (violation of your probation on your out-of-state DUI probation), just not what you think.

It is highly unlikely that WA would extradite you on a misdemeanor. However, if you fail to complete your outpatient treatment, it will be reported not only...
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1 Answer | Asked in DUI / DWI for California on
Q: I got arrested for dui in july 2016 but my conviction is in july 2017 on what year are the points going to be for?

Because i already have 2 points for tickets in 2016

Dale S. Gribow
Dale S. Gribow
answered on Jul 31, 2018

NEED MORE INFO

HOWEVER, YOU ARE INNOCENT UNTIL PROVEN GUILTY.......SO 2017 SHOULD BE THE CONTROLLING DATE

2 Answers | Asked in DUI / DWI for California on
Q: In the State of California, I was convicted of a DUI in 2006, a second DUI in 2012. Has the 2006 DUI fallen off?

I was recently ticketed for a 3rd DUI in April of 2018 although I've not been charged as of July 2018. My questions are: Will the 2006 conviction appear making this a 3rd DUI or will it be dropped off making the April 2018 incident a 2nd DUI? Because the first two, 2006 and 2012 were 6... View More

Dale S. Gribow
Dale S. Gribow
answered on Jul 26, 2018

more info needed

a dui is priorable for 10 years.....they never drop off. A dui is always on your record but is just not priorable. Even if you have an expungement of a dui it is still on your record for law enforcement to find.

the 2016 dui falls outside of the 10 yr perior with...
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2 Answers | Asked in DUI / DWI for California on
Q: I was told when u have one dui in California that u can’t have ANYTHING in your system for 10 yrs or it counts as dui#2?

My friend & I are debating if when u have a prior dui how long u have to drive with a .00 bac to have it not count as a 2nd dui in California. We both have 2. He says he was told by a cop that as long as u finish dmv classes u can drive w/ under a .08. I was told that since we have priors that... View More

Dale S. Gribow
Dale S. Gribow
answered on Jul 26, 2018

A DUI is priorable for 10 years but you are on summary probation for 3 years.

When you plead the Sentencing Memo says: "Do not drive with any measurable amount of alcohol or drugs in your blood or within 6 hours of consuming any alcohol or drugs"

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2 Answers | Asked in DUI / DWI for California on
Q: What are my possible penalties for first dui?

My charges are vc23152(a) driving under the influence of alcohol vc23572(a) cbc spec/allege-minor passenger vc23152(b) driving under the influe over .08 BAC. There was a car in front of me and had a blinker on turning left, so I went around and passed. Cop stopped me because the car could of turned... View More

Dale S. Gribow
Dale S. Gribow
answered on Jul 23, 2018

need more info

if you send me your email i will send you info on ABC's of a DUI.

i write a weekly legal column for local paper on DUI's and i put several weeks articles into one handout.....................dale gribow: dale@dalegribowlaw.com; 760 837 7500

the DA...
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3 Answers | Asked in DUI / DWI for California on
Q: What is the maximum time for the first dui with two gbi. Never been in trouble ever

21 yrs old worked and went to school to become a RN

Alexander Bakhache Perez
Alexander Bakhache Perez
answered on Jul 14, 2018

Sounds like there was an accident, It would depend if the DA files the case as a Felony or not to determine max time.

You can consult with an attorney for free to go over a little for info in your case of what happened. BAC level, Bail Amount, Accident, Injuries ect....

Feel free to...
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1 Answer | Asked in DUI / DWI for California on
Q: Being charged with DUI with BAC of % 0.00 but a positive urine for THC.

My tox screening came back negative for everything but THC but on all the lab reports in the gender area its marked male and i am a female. Since males & females metabolize different with muscle weight ratios etc. Could this or should this mistake made by the person filling out these important... View More

Dale S. Gribow
Dale S. Gribow
answered on Jul 2, 2018

MORE INFO NEEDED.

ODDS ARE THE OFFICER JUST CHECKED OFF THE WRONG BOX..............BUT YOUR LAWYER NEEDS TO LOOK INTO YOUR CONCERNS.

I AM SURPRISE SINCE CALIF NO LONGER USES URINE SINCE IT IS INACCURATE.

IT IS BLOOD OR BREATH nowadays.

IF NO SMELL OF ALCOHOL THEN...
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2 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for California on
Q: Will my husband immigration spousal application be denied if he never attend to a alcohol program after dui?

He was never given any information about where to call to attend in court and he got his license in 2015. When he leaves to Juarez for his interview will they dig this up and deny his petition? He has no other arrest than a dui in 2009. He completed work release and court probation.

Dale S. Gribow
Dale S. Gribow
answered on Jun 27, 2018

much more info needed.

however, if he did not do anything that was ordered then there would be an outstanding BENCH WARRANT for his arrest......and that will come up.

I am not an immigration lawyer and you need to consult with one.

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1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: I was convicted of a misdemeanor DUI in Arizona five years ago. I'm planning to apply for a resident visa in Sweden

How will this affect the application, and can a set aside judgment help. I've also not had so much as a parking ticket since and all requirements were met from the conviction.

Carl Shusterman
Carl Shusterman
answered on Jun 19, 2018

Justia is for US law. You need to talk with a Swedish immigration attorney.

1 Answer | Asked in DUI / DWI for California on
Q: Im a prmnt. resident and was convicted of a DUI. Would I have any issues with customs if traveling and wanting to renter

My conviction was for a misdemeanor DUI in 2016 and my probation restriction is not to drive under the influence.I do not have any traveling restrictions. Would I have any issues with US customs when attempting to re-enter because of my DUI conviction. I do not have any warrants or anything of that... View More

Dale S. Gribow
Dale S. Gribow
answered on Jun 6, 2018

no, as long as you complied with all the conditions of probation and do not have a warrant out for your arrest.

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