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California DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for California on
Q: Hi, my brother has been in jail for DWI in Ca. He’s been in there for a few weeks and hasn’t seen a public attorney.

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?

Dale S. Gribow
Dale S. Gribow
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...
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1 Answer | Asked in DUI / DWI for California on
Q: Dui school went out of business without giving me a certification
Dale S. Gribow
Dale S. Gribow
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.

3 Answers | Asked in DUI / DWI for California on
Q: I had a Dui that was expunged in CA & have been offered a position in Finance for the City, do I still need to disclose
Dale S. Gribow
Dale S. Gribow
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...
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1 Answer | Asked in DUI / DWI for California on
Q: My boyfriend hadn’t paid his restitution in 6 months. He paid it all today. Will the judge drop the warrant?

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 »

Dale S. Gribow
Dale S. Gribow
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.

3 Answers | Asked in DUI / DWI for California on
Q: If a drunk driver hit another person and the dui bails out will he be rearested if the other person dies as a result
Dan Moseley
Dan Moseley
answered on Jan 21, 2022

An arrest warrant may be issued if a new charge is filed.

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3 Answers | Asked in DUI / DWI for California on
Q: Friend retained a lawyer but hasn't spoke, only to the paralegal, and wants to make sure attorney is right for the job.

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 »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
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.

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2 Answers | Asked in DUI / DWI for California on
Q: DUI. Fell asleep in drivers seat with foot out of door after drinking outside of inoperable vehicle..

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 »

Dale S. Gribow
Dale S. Gribow
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...
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1 Answer | Asked in DUI / DWI for California on
Q: I had a dui charge in 2001 a warrant was issued and was arrested in 2019 is there a way to ask the dmv to let this go
Dan Moseley
Dan Moseley
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.

3 Answers | Asked in DUI / DWI, Civil Rights and Gov & Administrative Law for California on
Q: Got Class A 1st time dui because interlock device can’t renew my class A unless downgrade to class C … Is dmv right ?

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 »

Louis George Fazzi
Louis George Fazzi
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 »

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1 Answer | Asked in Contracts, DUI / DWI and Real Estate Law for California on
Q: Does a DUI arrest before closing on a mortgage invalidate previous sworn statements on application?

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 »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
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.

1 Answer | Asked in DUI / DWI for California on
Q: What you need to take to court for a certified minutes order
Dan Moseley
Dan Moseley
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.

1 Answer | Asked in DUI / DWI, Criminal Law and Constitutional Law for California on
Q: charged with dui alcohol but then changed to just a dui then to public intoxication after DA took over made it s case.

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 »

Dale S. Gribow
Dale S. Gribow
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...
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2 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: Its my first time getting a DUI, I dont know what to do and need help but have no money, can someone help me please

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.

John Karas
John Karas
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.

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3 Answers | Asked in DUI / DWI for California on
Q: I got a 4th DUI in OC; how may I get into the OC DUI court system when I do not live in OC county?
Jennifer Diem-Trang Le
Jennifer Diem-Trang Le
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.

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2 Answers | Asked in DUI / DWI for California on
Q: I live in san Bernardino county and I got a 4th DUI in orange county; how may I get my case heard in DUI court?
Dale S. Gribow
Dale S. Gribow
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.

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4 Answers | Asked in DUI / DWI for California on
Q: Can international law help me protect my rights against a DUI case in Southern California?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
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.

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2 Answers | Asked in Divorce, DUI / DWI, Estate Planning and Real Estate Law for California on
Q: Need financial help to get my divorce or find a probono family divorce attorney I been messed over by my wife and she

Messing my life up please some one help me

Dale S. Gribow
Dale S. Gribow
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.

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3 Answers | Asked in DUI / DWI for California on
Q: i have a drug dui, but on my blood sample it is dated the day before my arrest ? it just seems like it might not be mine

would it be a reason to get that evidence throw out?

Dan Moseley
Dan Moseley
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 »

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1 Answer | Asked in DUI / DWI for California on
Q: If after arrest for 2nd dui, I forgot to mention I drank after driving, is there a way to fight it?

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 »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
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 »

4 Answers | Asked in DUI / DWI for California on
Q: Should I reinstate my license at first opportunity or wait for my court date?

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 »

John Karas
John Karas
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.

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