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California DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for California on
Q: In California, what is the statute of limitations for a misdemeanor DUI with marijuana?

After googling I found it’s a year but I wanted to be 100% sure because today marks a year and I don’t know where to go from here:

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 1, 2021

Assuming you're correct and it's a misdemeanor, the statute of limitations is one year from the date of arrest. You should call the court and confirm that no charges have been filed, tomorrow.

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2 Answers | Asked in DUI / DWI for California on
Q: Is dui a their 2 crime for ihss providers ?
David Michael Lehr
David Michael Lehr answered on Feb 8, 2021

No. Not unless there was a gun involved or an unlawful sexual act.

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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Felony DUI with designated prior conviction please help need advice??

boyfriend remanded to jail his charges felony driving under the influence of drugs with designated prior conviction misdemeanor possession driving with privilege suspended for prior DUI conviction and misdemeanor possession which one case is a prop 47 which is the possession charge his early... Read more »

David Michael Lehr
David Michael Lehr answered on Feb 6, 2021

It is not your job to be his PD. The pd has years of experience. If you are not trying to hire him private counsel, then just let them do their job.

Ps A felony DUI has mandatory jail and or prison time.

Good luck

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5 Answers | Asked in DUI / DWI for California on
Q: Did I get screwed with my plea bargain deal?

First DUI with BAC .09%. Due to COVID, i never saw my attorney or got the opportunity to appear in court. Questions and concerns often went unanswered and I was often told "don't worry about that right now". I knew I was being offered a plea deal of wet reckless, but wasn't... Read more »

David Michael Lehr
David Michael Lehr answered on Feb 3, 2021

There is only a small difference between a dui and a "wet reckless." Some Counties don't give out what you got. You didn't get a horrible deal, nor a great one.

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3 Answers | Asked in DUI / DWI for California on
Q: DESPERATE NEED pro bono help Sonoma court, I'm in Reno DUI OF rx meds PASSED ALL FIELD TESTS Not allowed Public defense

14 months ago I was WRONGFULLY arrested for DUI of RX medications (under supervision of all DOCS involved) 100% PASSED EVERY field sobriety test performed and was still arrested. I am a 63 yrs old female and a business professional my entire life, mostly for CVS pharmacy, rarely drink or a parking... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2021

MORE INFO NEEDED

I WOULD GO BACK TO COURT TO REQUEST A PD AGAIN..... I WOULD TALK TO JUDGE AND TO THE PD TO SEE IF THEY CAN HELP.

I SUSPECT YOU DID NOT DO AS WELL AS YOU THINK ON ALL FST'S

EXPLAIN YOU ARE 9 M0'S LATE ON RENT AND CONSIDERING BK AND CAN'T AFFORD...
Read more »

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4 Answers | Asked in DUI / DWI for California on
Q: Can a lawyer get my hospital and morgue class dismissed since they were delayed and I'm now out of state due to COVID19?

I was convicted of a DUI in May of 2019 and I've already completed my alcohol classes, my community service, MADD, paid all my fines, and had a restricted license and a breathalyzer for 6 months so now the DMV reinstated my full license. The only thing I have left to complete is my Hospital... Read more »

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Jan 7, 2021

Yes. You may make a motion to the court to modify your sentence.

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3 Answers | Asked in DUI / DWI for California on
Q: I was arrested for DUI's and my blood test was left on the dumpster at the hospital the officer had to go back and

Can this be thrown out .

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Jan 5, 2021

If that actually happened, they would lack any realistic chain of custody and certainly would assist your attorney in having any result excluded. However, there are other ways of proving you had too much to drink. Best to hire an experienced DUI trial lawyer to assist you.

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3 Answers | Asked in DUI / DWI for California on
Q: How can a person sue the dmv? (Asking for a friend) Pulled over on suspected dui Breath scored .039 & .037 Blood .02.

Administrative hearing found her guilty of denying chemical test even though she did not refuse urinalysis. PD stated "they were not set up for that"

DL suspended for 1 year

No court date set by DA

David Michael Lehr
David Michael Lehr answered on Jan 1, 2021

In general, no. The PD cannot handle DMV hearings, at least typically they don't. The DMV rules based on the police reports. It looks like

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3 Answers | Asked in DUI / DWI for California on
Q: I was arrested for DUI and was held in jail for 72 hrs without seeing a judge do they have to drop charges for violating
Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Dec 30, 2020

No. Unfortunately, they don't need to drop the charges.

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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Hello my name is Latrise I am looking for a pro bono lawyer for my fiance.

He was sentenced to 9 yrs for DUI with gbi .he was not offered an rehabilitation or a recovery home. if there is any pro Bono lawyer that's taking new cases

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 10, 2020

If your fiancé was convicted after trial, or after a guilty plea, then he has as a matter of right the ability to file an appeal within 60-days of the date of judgment. If he cannot afford an attorney, he will have an attorney appointed at no cost.

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1 Answer | Asked in DUI / DWI for California on
Q: I got a DUI 17 years ago before I had a license. Had a valid license for the last 14 years and they just suspended me.

I got a DUI 17 years ago (3/04) in California BEFORE I had a license. I served prison time on a unrelated charge. I paroled in 2007 and completely changed my life. I went to DMV and got a license when I paroled. Ever since then I have never had a problem renewing my license until this last time.... Read more »

David Michael Lehr
David Michael Lehr answered on Dec 6, 2020

Many alcohol schools are online now. Ask them if you can speed up the classes. 4xweek? 5xweek?

3 Answers | Asked in DUI / DWI for California on
Q: Can a truck be towed on private property after arrest of dui. Car was parked, car wasn’t on. No keys in ignition.

Person was arrested for dui, trucked parked on private property. Person wasn’t caught driving. Sitting in his truck at liquor store. Now tow is $500 today .

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 21, 2020

Generally, parking lots (while being privately owned) are deemed "public" and are subject to enforcement of laws as any public area. While the officers could have left your legally parked car alone, they also have the authority to tow it, and your case, they did.

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3 Answers | Asked in DUI / DWI for California on
Q: What are the charges for accidentally killing someone while drunk driving?
Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

Depends. Could be manslaughter or could be 2nd degree murder.

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5 Answers | Asked in DUI / DWI for California on
Q: What is Max prison time if convicted of a drunk driving w/ great bodily harm charge?

How early can you get out of prison on this charge if you have good behavior?

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

It's not how early, it's how long. One person could be 6 years. Plus any other charges. But in theory, with a good lawyer and facts, you could avoid any prison time.

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2 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: A person is drinking and accidentally hits another person and puts that person in a coma, what are the charges?

Person in coma lives, wakes up.

Driver has a previous DUI charge.

Takes place in Los Angeles, California.

(*Note: this is research for a novel)

Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

Generally 23153 w GBI but that assumes intoxication, not just drinking. May be other charges too.

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4 Answers | Asked in DUI / DWI for California on
Q: dui help

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Mr. Richard Orville Middlebrook
Mr. Richard Orville Middlebrook answered on Nov 16, 2020

It's very unlikely. If contacted you should not answer any questions without an attorney present. But I wouldn't worry about it currently. Supplying alcohol to a minor and consuming alcohol as a minor are both crimes. Be careful heading down that path.

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1 Answer | Asked in DUI / DWI for California on
Q: What Is court procedures in ca. Court
Dale S. Gribow
Dale S. Gribow answered on Nov 1, 2020

MY LEGAL COLUMN FOR OUR LOCAL PAPER FOR JULY 22, 2020

IF YOU DRINK AND DRIVE

If you did not heed my warning to not drink and drive and take a Taxi or Uber and you got a DUI then you need to know the following:

A DUI in California kicks in two sets of...
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4 Answers | Asked in DUI / DWI for California on
Q: What is a hung jury in ca.
Thomas Vinson Nash
Thomas Vinson Nash answered on Nov 1, 2020

In California a jury of 12 people must render a unanimous verdict to convict someone of a crime.

If the 12 people cannot reach a unanimous decision, it is a 'hung' jury, resulting in a mistrial.

The prosecution can refile the charges and prosecute again or attempt to...
Read more »

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1 Answer | Asked in Civil Litigation, Collections and DUI / DWI for California on
Q: Can I get access to information about how much money various state agencies have collected from a felony DUI offender?

I was a victim of a felony hit and run drunk driver. He rear ended me on the freeway while I was going 65 mph causing injury. The county commanded custody of restitution payments. I was awarded around $7k in a court order. The county has sent me two payments over a 12 year period totaling about... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 23, 2020

Why would the State of California collect "child support, etc.?" Generally that is paid to the person caring for the child. Maybe a person in your other category "Civil Litigation/Collections" can shed some light on this for you.

2 Answers | Asked in DUI / DWI for California on
Q: I got a DUI in California 21 years ago.

Right after I got a DUI in Monterey County California I left the state and moved to the east coast where I have lived since then. When i got the DUI I had recently gotten out of the Marie Corps and didn't have any money to pay fines. I am a 100 percent Disabled Veteran. I was injured in a... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 17, 2020

You have two ways to go, come to CA and handle the case or call some local DUI defense attorneys to help you out. The delay between filing and now prosecuting the case will probably create significant difficulties for the government to get a conviction. However, the DMV is a different situation,... Read more »

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