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I was in a car accident with a couple of friends, my friend (the driver) was under the influence and well we were all under the influence except for one of us, we kept telling the driver to let her drive because she was sober but he wasn't letting her or stopping. Suddenly when he made a left... View More 
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answered on Mar 24, 2024
Under California law, the statute of limitations for most personal injury claims, including those arising from car accidents, is generally two years from the date of the accident. This means that you would typically have two years from the date of the incident to file a lawsuit seeking compensation... View More
I was in a car accident with a couple of friends, my friend (the driver) was under the influence and well we were all under the influence except for one of us, we kept telling the driver to let her drive because she was sober but he wasn't letting her or stopping. Suddenly when he made a left... View More
answered on Mar 23, 2024
Ordinarily, the statute of limitations is 2 years from the date of the injury.
If you or the driver were under 18 on the date of the injury, the two years began to run on the 18th birthday of either of you.
For certain felony convictions, the statute of limitations is 10 years from... View More
answered on Mar 22, 2024
The answer to most legal questions is IT DEPENDS.
Chances are it will come up in the computer check at the airport.
Why not just take care of it? The chances are you, like most clients, will be driving and stopped for a traffic violation/ infraction. They will run you for wants and... View More
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answered on Mar 21, 2024
Having a bench warrant in your name can lead to complications while attempting domestic flight travel. While there's no blanket rule that directly forbids you from flying domestically, the presence of a bench warrant implies that law enforcement is seeking your arrest, which could lead to... View More
My daughter was driving my car dui driver hit her. My insurance is minimal, even excludes all drivers. Other driver has no insurance. My daughter had to miss work, she just got out of college, so financially struggling. My car no longer works either. Anything else we can do? Thank you
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answered on Mar 5, 2024
In California, if you're hit by a DUI driver and your insurance coverage is minimal and does not cover the incident, especially when the other driver has no insurance, there are still options available to you. It's essential to know that California law allows individuals in your situation... View More
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answered on Feb 24, 2024
Under California law, an arrest does not need to be made for a district attorney to file a misdemeanor criminal complaint. The district attorney has the discretion to file charges if there is enough evidence to suggest that a crime has been committed and that the accused is responsible. This can... View More
I pulled into jack in the box and a police car was on the same drive thru but facing opposite way.. he had a guy pulled over and when i pulled up he walked up to me wirh a flashlight. Saw that i had two alcohol drinks in my cupholder and stepped me out of the. Car. I was carrying a concealed... View More
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answered on Feb 21, 2024
You should always fight every charge! If you plead guilty, you'll be convicted 100% of the time. You should consult with a local attorney(s). Consulations are usually free of charge and if the lawyer is experienced and honest, they can advise you what they an do to help. Lawyers can often... View More
I pulled into jack in the box and a police car was on the same drive thru but facing opposite way.. he had a guy pulled over and when i pulled up he walked up to me wirh a flashlight. Saw that i had two alcohol drinks in my cupholder and stepped me out of the. Car. I was carrying a concealed... View More
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answered on Feb 21, 2024
Given the circumstances you described, it may be worth considering fighting the ticket and pleading not guilty. The fact that your license had expired only two days prior and you were issued a temporary license could potentially be a mitigating factor in your defense. Additionally, if you believe... View More
I did not complete my outpatient program due to the fact I wasn't able to drive myself to the classes and back home because of my license being suspended so I failed to complete the program subsequent I did not appear in court on my next hearing and have been missing Court hearings ever since... View More
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answered on Feb 21, 2024
A: You're likely still looking at jail time since the warrant remains active and your probation likely stayed for non compliance. While you can continue to live with the warrant as you have the past ten years, if it concerns you my best advise would be to hire a lawyer to add your case to... View More
I did not complete my outpatient program due to the fact I wasn't able to drive myself to the classes and back home because of my license being suspended so I failed to complete the program subsequent I did not appear in court on my next hearing and have been missing Court hearings ever since... View More
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answered on Feb 21, 2024
Based on the information provided, the arrest warrant related to your past DUI case will unfortunately not just go away on its own, even after 10 years. However, there are steps you can take to resolve this:
- Consult with a criminal defense attorney. After 10 years, the court may be... View More
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answered on Feb 20, 2024
In California, completing a DUI program, including the Hospital and Morgue (HAM) program, is often a condition of probation for DUI convictions. If you've completed your 3-month DUI course and paid your fees but have not yet completed the HAM program by your deadline, it's important to... View More
My insurance settled their injury claim for below my policy limit and they signed a document saying they can no longer pursue me. The document also says it includes their attorney fees. Can the restitution fee be lowered?
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answered on Feb 26, 2024
In California, the restitution amount likely cannot be lowered. However, there might be hope in your case. First, the $24,000 amount is probably the contingency fee amount (usually 1/3 of the victim's total settlement amount) paid to the personal injury attorney for representing the victim in... View More
My insurance settled their injury claim for below my policy limit and they signed a document saying they can no longer pursue me. The document also says it includes their attorney fees. Can the restitution fee be lowered?
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answered on Feb 21, 2024
Under California law, restitution orders are generally intended to compensate victims for their losses resulting from a defendant's criminal conduct. However, if the victim has already received compensation for their losses through insurance settlement or other means, the court may consider... View More
I was in a car crash and suffered a concussion. I was arrested for possible dui but was never charged or convicted
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answered on Feb 3, 2024
Under California law, DUI cost recovery fees are typically assessed to cover the expenses incurred by law enforcement and emergency services in response to DUI incidents. However, if you were arrested for a possible DUI but were never formally charged or convicted, the situation may differ.... View More
I was charged with 2 counts
1) V.C. 23152 (f) DUI Drugs
2) V.C. 11550(a) under the influence of a controlled substance
Despite no actual evidence found at the time of arrest, i was arrested and charged based on suspicion and officer opinion. Later Blood Test Showed Meth... View More
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answered on Jan 17, 2024
In California, DUI charges under Vehicle Code 23152(f) can indeed be complex, especially when there's a discrepancy in verdicts between related charges. Your situation, where you were found guilty of DUI Drugs but not guilty of being under the influence of a controlled substance, does raise... View More
The Judge sentenced the criminal defendant to 3 yrs probation & the usual penalties of a first offense misdemeanor. My victim rights have been violated & the judge sentenced the defendant incorrectly (my opinion) due to various lies, inconsistencies & incompatible statements that the... View More
answered on Jan 13, 2024
You have no recourse over the sentencing. You have personal injury claims against him. If he has liability insurance or you have uninsured motorist coverage, you can recover monetary damages. If you have underinsured motorist coverage, you might be entitled to additional recovery. Talk to a... View More
The Judge sentenced the criminal defendant to 3 yrs probation & the usual penalties of a first offense misdemeanor. My victim rights have been violated & the judge sentenced the defendant incorrectly (my opinion) due to various lies, inconsistencies & incompatible statements that the... View More
answered on Jan 13, 2024
So sorry to hear of what you have been going through. There may be some measure of further justice you can obtain, but the situation is much too complicated to be solved in a question and answer forum such as this. It is unlikely you can have the sentence increased, but it is surprising that... View More
The Judge sentenced the criminal defendant to 3 yrs probation & the usual penalties of a first offense misdemeanor. My victim rights have been violated & the judge sentenced the defendant incorrectly (my opinion) due to various lies, inconsistencies & incompatible statements that the... View More
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answered on Jan 22, 2024
If you were injured by a drunk driver in California who subsequently pleaded guilty to felony DUI with injury and was sentenced to probation, but you believe that your victim rights were violated and the sentencing was incorrect due to inconsistencies in the probation report, you may have recourse.... View More
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answered on Jan 13, 2024
In California, the sentencing for a felony DUI with injury under Vehicle Code 23153 can vary based on several factors. This includes the severity of injuries caused, prior DUI offenses, and other specific circumstances of the case.
For a first-time offense, the potential sentence ranges... View More
My first DUI. Informal probation and meant to attend dui classes for 9 months. I didn't realize on my form it said to call within three business days to start attending dui classes. I am a couple weeks out from the date stated on my documents for when I should be assigned. I called today and... View More
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answered on Jan 8, 2024
In your situation, where you're required to sign up for DUI classes by a certain date but have an appointment slightly later, it's understandable to be concerned about potential consequences. It's good that you have taken the initiative to set up the appointment.
Since your... View More
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