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California DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for California on
Q: Arrested for 3rd dui, already did half of his sentence, the court messed up, he’s still there. His deal was to do half.

My son has been in jail since November. He was arrested for his 3rd DUI in Sonoma County. The deal was that he does half of his sentence and then does the DUI program. The court messed up and is making him do his whole sentence and still do the program. What can we do?

Alexander Andryuschenko
Alexander Andryuschenko answered on Mar 6, 2020

You should contact your son's attorney so that he can calendar the case and tell the court the problem. You should also call the jail and tell them that you think your son is overdetained and have them release him asap

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1 Answer | Asked in DUI / DWI for California on
Q: Burden of proof for driving on DUI

Visitor

My friend got a dui and there were two people in the car. She was told by a police officer friend that if both of them say they weren’t driving, another person was and basically make up a person, say the friend was driving and ran That they can’t prove who was driving the ca and... Read more »

John Francis Nicholson
John Francis Nicholson answered on Mar 5, 2020

You have several issues here surrounding your question. The standard of proof for conviction is "beyond a reasonable doubt" that your friend was driving, and that an acceptable scientifical test was performed that your friend was under the influence based upon the blood alcohol level as... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: I got dwi 25 years ago never finished my probation dont even remember how long it was for. in texas

I get a background check from the Doj thru gambling commision every 2 yrs and passed been working same job 9 years but i want to get a notary license is that possible or did i take the 6 hour class for nothing.

Alexander Andryuschenko
Alexander Andryuschenko answered on Feb 23, 2020

Since you were able to pass the background checks, it sounds like the DOJ database does not match your name to your record in Texas. I believe that the same DOJ database will be used to check your background record for notary public and you will pass it just like you passed the gambling... Read more »

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1 Answer | Asked in Child Custody and DUI / DWI for California on
Q: My ex and i have custody of our daughther? Out the blue he changes her schools and lies and states she lives with him .

He serves me paperwork for court

Dale S. Gribow
Dale S. Gribow answered on Feb 22, 2020

more info needed.

you need to contact your family law attorney asap to present your position and submit a declaration countering your ex.......

1 Answer | Asked in DUI / DWI for California on
Q: In California can the passenger In a DUI manslaughter case be charged with anything
Dale S. Gribow
Dale S. Gribow answered on Feb 18, 2020

more info needed

as a rule no but a lawyer would have to hear all the facts.

depending on the facts, you may want to reconsider discussing this in an open forum

2 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for California on
Q: I have a warrant out from county A but am going to be sentenced to do time in county B should I tell county A?

I have COURT for county A before I Attend county B for sentencing.

Dale S. Gribow
Dale S. Gribow answered on Feb 10, 2020

more info needed

be careful posting on a site like this that is open to anyone.

you obviously have a lawyer, either private or court-appointed, ask your lawyer who will have all the info in front of them.

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3 Answers | Asked in DUI / DWI for California on
Q: Can DUI charges be based off accusations from two eye witnesses after an accident w/ no police involvement?

Here is the scenario in question:

Person A rear ended Person B going maybe 15 mph, no damage to person b car (only person a car sustained damage), person b accused person a of being intoxicated, then another person (person c) who saw it said they would act as a witness for Person B. Person... Read more »

Jean Richardson
Jean Richardson answered on Feb 8, 2020

For someone to be charged with a DUI, law enforcement has to be involved. Eye witnesses can always testify to their observations and whether they smell alcohol or not. LEO must conduct investigation. For instance the responding officer or DUI unit would request field sobriety exercises and breath... Read more »

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1 Answer | Asked in DUI / DWI for California on
Q: Daughter got DUI, BA = 0.24. No one else involved. She's broke. Advice on getting time payments and community service

She crashed into a signpost, no injuries. Question refers to time payments on fine and community service instead of jail time.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Feb 7, 2020

If she wants to settle her case she should still contact a local DUI defense attorney. A lawyer can help reduce the punishment and negotiate the terms for performance, if she qualifies a Public Defender may also be able to help her.

2 Answers | Asked in DUI / DWI for California on
Q: DUI Five way collision

Hello,

I was in a five way collision, and I was third in line. The person I hit, 2nd car, was driving under the influence and was arrested. Technically he's at fault correct? I got a mail recently where his insurance is asking for payment.. I have insurance as well, will my insurance... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Feb 5, 2020

You rear-ended another driver and they're at fault? I don't think so. You might check with a personal injury lawyer, my experience has been that the driver of the car in back is at fault for following closer than was safe, regardless of the driver in front's sobriety.

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1 Answer | Asked in DUI / DWI for California on
Q: in 2008 I was arrested for a dui while walking and I wasn't in the car. chp officers pulled my brother over legal?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jan 25, 2020

Need more facts, if you were in violation of the law, it is legal.

2 Answers | Asked in DUI / DWI for California on
Q: Got a "Notice to Appear" copy of citation @ DUI arrest that's illegible and almost blank. That legal?
Dale S. Gribow
Dale S. Gribow answered on Jan 16, 2020

legal but not helpful.

we encounter that all the time and have to call the police, DA or court for confirmation of dates.

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1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: If an officer is testifying against me at trial, is there a motion to prohibit him from wearing his uniform?

I was pulled over for a DUI whereas my bac was .30. The officer later alleged that I attempted to bribe him but has no evidence of me doing such except his own word against mine. Is there a motion that I can file to prohibit the officer from wearing his uniform during his testimony at trial?... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 2, 2020

more info needed.

you have a VERY HIGH reading and if it comes down to your word vs officer, they are going to believe the officer is all likelihood.

in almost 50 years of practice I have only seen a handful of .3... readings.

i am not sure it would make any difference to...
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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: I got a citation for no licence and the citation says booking required. What will happen if i dont go to booking?

I can miss booking and wait until the judge ordered it?

William Joseph Duffy
William Joseph Duffy answered on Dec 21, 2019

Yes! In most cases you would be required to book if you are convicted. Make sure to appear in court or have a private criminal defense attorney appear on your behalf. If you have or can get a valid license you may be able to gain a dismissal or reduction of the charge to an infraction.

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2 Answers | Asked in DUI / DWI for California on
Q: in a process of getting sentenced 4 a dui while on trial I was in a marijuana dispensary raid . What will my punishment

First dui

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Dec 13, 2019

Punishment for the DUI or the raid? Getting arrested BEFORE you were sentenced on the DUI should not affect your sentence since you weren't on Probation yet.

What charge were you arrested on in the raid? You should discuss this with the lawyer handling your DUI.

Good luck!

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4 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Hi can someone please help me out is my in law looking at time

Hi if anyone can help me out my in law was charged with this, is he looking at time. He was just changed with number 1 when he was arrested number 2-4 is older but he never took care of them thanks for any help 1) PC29800(A)(1) FELON/ETC POSS/ETC F/AR 2) HS11377(A) POSSESS CNTL SUB 3) VC14601.2(A)... Read more »

Michael Phillips
Michael Phillips answered on Nov 29, 2019

We need more information to provide a reliable response to your inquiry. Call for a free consultation. (949) 535-1303.

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3 Answers | Asked in DUI / DWI for California on
Q: My son is 28, he got a dui in August 0f 2018 in Sacramento, CA. He paid all his fines and finished his dui classes.

He has a 2013 Hyundai registered in his name. I want to put it in my name and my insurance. Can he drive it?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 11, 2019

Yes, as long as it meets the terms of his restrictions/limitations, he may still have an Ignition Interlock Device requirement and for sure an SR22 requirement, one (or both) may need to be in place for him to drive any car.

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4 Answers | Asked in DUI / DWI for California on
Q: My brother made an illegal u-turn and chp pulled him over.i was not inside the vehicle but was arrested for dui

I was walking a block and a half away and walked up to the car that my brother had already parked that's when I was put in cuffs.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 8, 2019

I'm sure there's a question here, but I can't figure it out. If you're wondering about defending the case you should discuss the facts with a local DUI defense attorney, there are several good ones in Santa Clara County. The prosecutor has to put you behind the wheel of the... Read more »

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1 Answer | Asked in DUI / DWI for California on
Q: What’s a “financial accident” on your driving record? My DUI was 5 years ago and all has been taken care of

There were no accidents involved

Dale S. Gribow
Dale S. Gribow answered on Oct 29, 2019

more info needed.

i have never heard the term financial accident in over 40 years.

why not ask your auto insurance agent.

i would have assumed it had to do with premiums being higher because of an accident with or without a dui.

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Now that it legal to smoke weed for recreational purposes

So can I smoke a joint when I walk in the park, can I smoke on sidewalk beaches what if they catch me with a pipe or bong in public and or my car

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Oct 21, 2019

Perhaps another respondent will have a different opinon, my understanding of the law is that smoking in public places is limited to the laws surrounding the use of cigarettes or other things people smoke. The laws surrounding smoking are both locally enacted as well statewide, probably you... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: What are sentencing possibilities for this situation?

My son got 3 DUI's and did a 3yr term.he has been driving on a suspended license and he was pulled over, his buddy had thrown his cigarette out the window, which got him pulled over. He had a beer earlier he blew 0.08 which is the legal limit but,the DA is trying to give him another DUI, and... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 7, 2019

much more info needed.

he should ask this question to his private lawyer or the court-appointed lawyer.

s/he will have his record, year of convictions, and know what the local court and DA will do with a case like that.

anything is possible but the more DUI's the worst...
Read more »

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