From what it sounds to me is they keep giving my brother the run around. my brother hasn’t been able to talk to his public attorney or hasn’t seen one. He set bail last week but haven’t released him, he just sitting there waiting to hear something from someone. Is this legal?
answered on Feb 8, 2022
more info is needed.
it would be very unusual for someone to be in custody that long for a simple first appearance DUI without accidents, priors, major injuries....etc
some info is not being relayed to us!
at his 1st appearance, the court would have appointed a public... Read more »
answered on Feb 4, 2022
MORE INFO IS NEEDED
YOUR ATTORNEY WOULD BE THE BEST PERSON TO DISCUSS THIS WITH AS HE/SHE KNOW THE LOCAL JUDGES AND DA.................THEY ARE MOST LIKELY TO BE AWARE OF THE SCHOOL CLOSING.
answered on Jan 28, 2022
more info is needed.
is it a position that requires driving?
are you sure they will run your record?
expungement of DUI is not like expungement of most criminal matters.
though expunged with the court, it will probably still be on DMV record.
it is... Read more »
He has never violated his probation. Has never missed a court date. Paid all his other court fees. Done his community service and dui programs. His probation ends in a month or two. He hasn’t had a job in a year and had to borrow money from his mom to pay off the restitution. Do you think the... Read more »
answered on Jan 26, 2022
more info is needed.
however, there is no way to know how the judge will evaluate the facts.
some judges "might" let him slide and others would say paying it off after not paying for 6 months is a clear violation of probation....if I was a betting man I would look at the last evaluation.
Details - Driving home they lost control and hit a tree 100 yards from residence. Neighbor heard accident and called chp. Friend pulled away from tree and parked in front of home. Friend got out of truck and went into residence. Mad, pissed, and a little rattled, said friend decided to self... Read more »
answered on Jan 17, 2022
You should reach out to the lawyer that has been retained, request a meeting to discuss the facts, evidence and path forward. If the lawyer won't meet then obviously there's a problem, it's time to start looking for a new lawyer.
My car has no power steering and i was driving in a residential neighborhood and was unnoticed when my vehicle broke down and wouldn't start. I tried pushing it out of the road with no luck. (Took 4 officers)
I proceeded to call friends i was gonna meet with that evening to celebrate... Read more »
answered on Dec 29, 2021
MORE INFO IS NEEDED.
FOR A DUI, IF THERE IS A KEY IN THE IGNITION OR ENGINE THAT IS WARM FROM RECENT USE, THAT IS USUALLY ENOUGH. THERE WAS EVEN A COURT CASE WHERE A GUY WAS PUSHING HIS MOTORCYCLE WITH THE KEY IN IT AND IT WAS DETERMINED TO BE ENOUGH FOR DRIVING.
HOWEVER, WHAT IS... Read more »
answered on Dec 24, 2021
No, the DMV will not let it go. But you can call their Mandatory Actions Unit at (916) 657-6525 to find out what you have to do to restore your driving privilege. Good luck.
DMV claim I can’t renew class A license for another 6 months due to interlock device they gave me 2 options #1 pay cdl renew fees get a car on you name sr22 instal interlock device and dont drive vehicle for six months option # 2 if you want to drive now give up class A and downgrade to class C... Read more »
answered on Dec 23, 2021
You will need to speak with a lawyer who regularly handles DUI cases and has a lot of experience with them. You will also need to provide a lot more information along with all the documentation you received regarding the citation you received. It is difficult to give good advice in this forum due... Read more »
I signed paperwork to complete a SBA mortgage loan and said NO that I had never been arrested. After sending in the documents, but before closing, I was arrested for DUI. Should I amend my paperwork? I don't want to knowingly mislead, even though at the time I signed there was no problem. It... Read more »
answered on Dec 6, 2021
Of course the devil is in the details, what you signed and how it is phrased, generally if everything your answered was true when you signed the document you should be fine. You might check with your realtor for an additional opinion.
answered on Dec 2, 2021
Your wallet, as courts normally charge for certified copies of records. A minute order is a record of the court's decision in a case. If the decision was made in a public proceeding, there should be no other requirements for a certified copy.
was detained&searched twice inside police department&outside police department&illegally searched my purse without my consent&purse was left outside after being searched which they lost &all property inside purse never givin back or wallet never put in to property 2 officers... Read more »
answered on Nov 20, 2021
much more info is needed.
make an appointment asap with a local criminal atty.
A Miranda warning is only necessary if they are going to question you.
a DUI is the same as DUI alcohol............
did they file for the other criminal violations? if so they would not be... Read more »
Or send me to someone that maybe could. My English isnt that strong. I got my DUI 10/23/2021 on Baily Rd. Bay Point, Ca. A car had stopped infront of me and I didnt break in time good enough and hit the vehicle infront of me no one hurt.
answered on Nov 17, 2021
If you don't have any money to pay for a private attorney to represent you, at your arraignment where you plead no guilty ask for a Public Defender to be appointed.
answered on Nov 12, 2021
Is it possible for you to move to OC? You are correct in that you must reside in OC in order to be eligible. If you are not able to do so, there are other options to resolve your case successfully, but not with this limited amount of information.
answered on Nov 12, 2021
more info is needed.
a case is heard in the jurisdiction in which the act took place....in your case OC.
i don't practice in SB ...but in Indio, the DUI's are in the same courtroom as other criminal offenses.
answered on Nov 9, 2021
How do you think international law help defend your case? Generally, when you visit or are a resident in a country you agree to follow the laws of that country, especially the laws relating to activities that are criminal.
Messing my life up please some one help me
answered on Nov 6, 2021
YOU ARE POSTING THIS ON A DUI WEBSITE.
REPOST ON FAMILY LAW AND INDICATE CITY NEEDED.
ALSO CONSIDER LEGAL AID IN YOUR AREA.
would it be a reason to get that evidence throw out?
answered on Nov 4, 2021
Yes, the wrong date could indicate the test result is not based on your sample. But it could also be a clerical error of lesser impact. In either case, there are many ways that a drug test can become tainted and unreliable as evidence of guilt. You may want to discuss the matter in greater... Read more »
I got in an accident not at fault right by my house. I went home to check in before the police arrived. I was in shock and had a couple shots to calm my nerves not thinking I would be breathalyzer since I wasn't at fault. I know stupid. When giving police report I mentioned I had a couple... Read more »
answered on Nov 4, 2021
The statements, regardless of whether they are included in the police report, will likely not affect the charges you face, nor the settlement offers you receive. You should probably contact a local DUI defense attorney to discuss the best way to proceed in your case, they can help you develop the... Read more »
My DMV 4-month suspension for a first time DUI charge will be concluding here in December. I’ve been driving with an IID restricted license since August and will be concluding a 4-month DUI class next Saturday, thus I should have all the prerequisites for reinstating my full license. However, my... Read more »
answered on Oct 31, 2021
The DMV action taken against your license is independent of the DUI criminal case. If you're eligible to have your license re-instated by the DMV, there's nothing to prevent you from doing so.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
