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California DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: Is vaping an e-cig while driving enough to give police probable cause to allow them to take a fluid test from you?

Yeah.

Dale S. Gribow
Dale S. Gribow
answered on Dec 1, 2017

a lawyer needs more info.

the vaping might give the officer the suspicion you are smoking MJ so he arguably has the right to investigate...........when you roll down the window or open the door if he smells or sees an illegal drug he can arrest.

2 Answers | Asked in DUI / DWI for California on
Q: I was arrested May 6, 2017 in California for D.U.I. it is now almost December and my case has not gone to the court.

How long do they have before my case in dropped?

Louis George Fazzi
Louis George Fazzi
answered on Nov 28, 2017

You can always contact the county district attorney’s office to determine what happened to the charges. If there has been a decision not to prosecute, they will inform you of that. It is probably safer to go online to the court’s website and check the status of the citation in that way.

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1 Answer | Asked in DUI / DWI and Traffic Tickets for California on
Q: I recently reversed my car on an intersection in Sacramento California

The red light camera flashed. I'm wondering if I will be ticked for reversing or if it will be treated the same as running a red light. The street was entirely empty, and I reversed solely so I could change lanes. Will I be fined for reversing, or will a red light photo even be able to prove... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 28, 2017

THERE IS NO WAY TO KNOW HOW THEY WILL HANDLE IN ANOTHER COUNTY.

2 Answers | Asked in DUI / DWI for California on
Q: Hi, my gf is on riverside, she is mexican with legal visa, she was arrested, what are the odd if she plead gulty

12500(A) MISD DRIVE W/O LIC

23152(A) MISD DUI

23152(B) MISD DUI ALCO/0.08 PERCENT

Dale S. Gribow
Dale S. Gribow
answered on Nov 20, 2017

to answer a question like that a lawyer would need to know more info.

is your question what are the odds of her going to jail then that might depend on the court, the DA and the Judge.

in the riversides court in Indio almost all DUI have the DA asking for jail time.

however...
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1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: What if I have a dui from age 20 and blew a .09, I’m out on bail currently for 2nd dui/drug charges, just got a 3rd dui
Dale S. Gribow
Dale S. Gribow
answered on Nov 19, 2017

if you are over 18 they are all adult DUI

a conviction for a 3 DUI would result in a license suspension of 5 years.............and the court would be looking for a decent amount of time in custody.

the court and DA would make a difference as to what is demanded...........and your...
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2 Answers | Asked in DUI / DWI and Immigration Law for California on
Q: My father wants to see how he can obtain a green card, has been in the us about 20 yrs. Had 3 dui's but served his time.

He left the state do to marriage issues but he owed about $1,000 for his last dui. Whats options do we have?

Dale S. Gribow
Dale S. Gribow
answered on Nov 17, 2017

you need to ask this of an immigration lawyer not a criminal lawyer.

reading between the lines he had multiple DUI's and did not pay fines..............thus there would be a bench warrant out for his arrest. They would probably not go to his home to arrest him but if he has a BW then...
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2 Answers | Asked in DUI / DWI for California on
Q: arrested for dui, was not read rights, was not observed for 15min and burps a lot following breathalyzr instantly
Alexander Bakhache Perez
Alexander Bakhache Perez
answered on Nov 15, 2017

These are all very good issues to raise in your defense for your DUI and DMV hearing. Feel free to contact us directly for a free phone consult with one of our attorneys to discuss other issues about your case and see if we are able to represent you .

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1 Answer | Asked in DUI / DWI and Collections for California on
Q: i have a question regarding a fine imposed as a result of a conviction 12 years ago.

My wife was arrested and plead guilty to a driving under the influence in the State of California. She completed all court ordered classes probation and paid the fine. The arrest is now off of her driving record. The county of San Bernardino is now, 12 years later, saying that she owes money and... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 10, 2017

you need to talk to a San Bernardino lawyer with experience and connections...............it is possible a SERNA motion would prevail.

a lawyer would need more facts.

if a fine has not been paid that should have resulted in a Bench Warrant........but you say case not on...
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1 Answer | Asked in DUI / DWI, Juvenile Law and Traffic Tickets for California on
Q: What happened if u drive when ur 14 alone
Dale S. Gribow
Dale S. Gribow
answered on Oct 28, 2017

YOU WOULD BE ARRESTED AND AT WORST IT IS A JUV CT ISSUE BUT DMV MAY PRECLUDE YOU FROM GETTING A LICENSE FOR A PERIOD OF TIME WHEN YOU ARE ELIGIBLE.

MY ADVICE........DO NOT DO IT

2 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: My friend had a couple DUI fifteen years ago, recently got another and wreaked his car. Will there be jail time
Dale S. Gribow
Dale S. Gribow
answered on Oct 25, 2017

every court house and courtroom has their own policy.

here in the Indio Court they ask for Jail on ALL DUI's............however we trade the jail for home arrest with an ankle bracelet or community service on our cases.

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2 Answers | Asked in DUI / DWI for California on
Q: Do people convicted of a first-time DUI always lose their drivers licenses automatically?
Joshua Kaizuka
Joshua Kaizuka
answered on Oct 13, 2017

When someone in California is convicted of a first time DUI, assuming that the blood alcohol level is less than a .20, then it will result in a six month suspension. In alcohol DUI cases, there is also a DMV administrative suspension which can result in a four month administrative suspension... View More

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1 Answer | Asked in Civil Litigation, DUI / DWI and Criminal Law for California on
Q: Does the STATUTE OF LIMITATIONS apply to cases that have been filed or haven't been filed or both. One is DWI

another case is petty shoptlifting under $250. and the last engaging in indescent abusive behavior while in public and loud noise.

Dale S. Gribow
Dale S. Gribow
answered on Oct 12, 2017

it is difficult to answer questions without having all the facts in front of the lawyer.

with a misdemeanor they normally a year to file.

if they file very late or even early and you were not made aware of the case then your lawyer would consider a Serna Motion to dismiss.......in...
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1 Answer | Asked in DUI / DWI for California on
Q: I got a DUI in Cali 3yrs ago and failed to pay the fees. I am now financially stable and want to know the next steps?

I got the DUI in West Hollywood Los Angeles. It was my first DUI. I showed up to all my court dates. At that time in my life I was irresponsible and I am now financially stable. I currently live in Phoenix Az. Do I need to get a DUI lawyer in California or can I get one in Phoenix? Or do I just... View More

William Mihrtad Paparian
William Mihrtad Paparian
answered on Oct 9, 2017

Unfortunately you will need to engage the services of a DUI lawyer in California. When you didn't pay your fines and fees

on time the court would have found you in violation of the terms and conditions of your probation. This isn't a DMV issue,

it's a court issue...
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1 Answer | Asked in DUI / DWI for California on
Q: I have gotten a ticket in the state of Georgia 20 years ago for DUI at a checkpoint well I paid most of it before I move

Since It's been so long could I be eligible to get a California state driver's license since I haven't been in any trouble I think 20 years is punishment enough without having any license in any state.

Dale S. Gribow
Dale S. Gribow
answered on Sep 29, 2017

NUMBER ONE IT WAS NOT A TICKET LIKE A TRAFFIC TICKET. IT WAS WRITTEN ON A CITATION THAT LOOKS LIKE AT TRAFFIC TIX.....IT WAS TANTAMOUNT TO AN ARREST.

GO TO CALIFORNIA DMV AND PAY ABOUT $6 TO GET A COPY OF YOUR DRIVING RECORD. CHANCES ARE IT WILL NOT BE ON IT AND YOU CAN MAKE AN APPOINTMENT...
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1 Answer | Asked in DUI / DWI for California on
Q: I had a DUI 10 years ago. I completed all but last class last payment. $330.00 I owe the DUI class. Ten years no trouble
Dale S. Gribow
Dale S. Gribow
answered on Sep 29, 2017

if you have not done everything ordered at sentencing you are in violation.

every court treats it differently.........but i would pay it off..............now

3 Answers | Asked in DUI / DWI for California on
Q: Under what circumstances can the police search my car if I'm pulled over for DUI?
Alexander Bakhache Perez
Alexander Bakhache Perez
answered on Sep 27, 2017

Every time they can search your car if you get arrested and you were in or next to your car.

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7 Answers | Asked in DUI / DWI for California on
Q: At the time of my arrest, the officer said I had to contact the DMV within 10 days. Why?
Alexander Bakhache Perez
Alexander Bakhache Perez
answered on Sep 11, 2017

To request a DMV hearing timely so you can continue to drive while your DMV hearing is being set to be heard. If you hire a DUI attorney they will do the DMV hearing for you as well.

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5 Answers | Asked in DUI / DWI for California on
Q: If I get pulled over for drunk driving, can I refuse to answer the cop's questions until my attorney shows up?
Louis George Fazzi
Louis George Fazzi
answered on Sep 1, 2017

No. But you could try it. Silence will be construed to be knowledge of guilt. Part of the assessment of your ability to safely operate a motor vehicle is your ability to answer reasonable questions of the officer.

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1 Answer | Asked in DUI / DWI for California on
Q: What does it mean when someone turns himself into jail and the type of arrest is listed as commitment?
Kevin E Mitchell
Kevin E Mitchell
answered on Aug 15, 2017

That sounds like a situation where a sentence including a jail or prison term was already pronounced or ordered by a judge and that all or some potion of that term remained to be served.

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