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California DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: I was recently stopped for failure to maintain lane and after brief explanation I was let go

I stopped after this at a gas station for roughly 15 minutes, I then continued on my route home only to be pulled over by the very same cop for doing nothing at all! When I asked the cop "why did you stop me?" His response was "why didn't I stop?" I replied I did stop back... View More

Kevin E Mitchell
Kevin E Mitchell
answered on Aug 15, 2017

The way you describe it, it sounds unlawful. What the cop has to say to justify the reasonableness of his decision to stop you twice is what matters. If you are charged, ask your attorney to investigate and file a motion to suppress. Whether or not you are charged, you may still file a complaint... View More

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: How do I contest a very old Open Bench Warrant?

*Edit: I reached out to the courts again. This time I got a bit more information. Despite the background check stating the Bench Warrant was because of failure to show, the clerk stated it is because of an unpaid fine. She states it shows I made a payment but there is still a balance. The fine... View More

Kevin E Mitchell
Kevin E Mitchell
answered on Aug 15, 2017

I would advise you to contact the public defender's office in the county where the warrant was issued. They may be able to assist you or refer you to someone in the area who can.

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3 Answers | Asked in DUI / DWI for California on
Q: Help: Want to fight DUI charge. Plead guilty under duress. Mistakes during arrest and on court records. Who can help me?

1. Spelled my name wrong - therefore, they were careless. This means they were likely to make other mistakes.

2. Was breathalyzer calibrated?

3. Officer was in training. Had no idea what he was doing. He was nervous and kept asking his trainer what to do.

4. I passed the... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2017

It is highly unlikely your plea can be undone, at this stage. You needed to fight, with a top rated lawyer.

Call Darryl Genis. He can quickly advise if you have any shot at a Mulligan.

805-966-0812

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2 Answers | Asked in DUI / DWI for California on
Q: Can you drink if your felony probation was dropped to a misdemeanor and summary/court probation?
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2017

This is not a question to post for guesswork. Talk to your lawyer, and ask about your SPECIFIC case. Judges can tailor their sentences to include no drinking, while on probation.

You likely have not asked your lawyer, because you already know that the answer is NO.

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: So I was in a car with my friend and he was taking me home about 5 minutes after driving we.get pulled over

And the police told me.he had three warrants Can the courts subpoena me as a witness and or a bystander due to the fact that I was with him in the vehicle

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 7, 2017

Yes. But, not sure they will, unless it has to do with a traffic offense he committed, in your presence.

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2 Answers | Asked in DUI / DWI for California on
Q: I got an owi in Iowa but I'm a California resident. My driving privileges are suspended 6 months in Iowa.

Will my California license be suspended

Alexander Bakhache Perez
Alexander Bakhache Perez
answered on Aug 1, 2017

yes eventually the CA DMV will find about the IOWA DMV, need to take care of the IOWA DMV matter sooner than later.

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2 Answers | Asked in DUI / DWI for California on
Q: I was not read my Miranda rights before or after questioned and arrested for dui. why?

The reason 4 park rangers pulled me over at the same time was my ex called and said I was going to hurt myself. Once they questioned me and saw I was ok, they made me get out and perform sobriety tests which I passed. It was then they said I was speeding and swerving and that was the reason they... View More

Sergio H. Benavides
Sergio H. Benavides
answered on Jul 24, 2017

Police are entitled to do "investigative questioning" without reading your Miranda rights. Once you are arrested, usually handcuffed, then they are required to read you your rights. The problem is that often the officers will gather everything they need for a DUI conviction during their... View More

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4 Answers | Asked in DUI / DWI for California on
Q: Is it possible to refuse a breathalyzer test?
Roland Bakhache Perez
Roland Bakhache Perez
answered on Jul 19, 2017

Yes you can do a blood test if you wish, but they will probably make an arrest and take you to station to do the tests at the station. You can refuse all tests but then you will be charged with a Refussal, then they can still do a forced Blood Draw with a warrant.

Did this happen to you. if...
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1 Answer | Asked in DUI / DWI for California on
Q: Do I have to pay emergency renburstment for accident if not found guilty on. Dui charge d.a reject
Roland Bakhache Perez
Roland Bakhache Perez
answered on Jul 6, 2017

It is a civil matter- if not paid it goes through civil collections, the standards are different than those in a criminal case. DA - reject and a not guilty are two different results from a criminal case.

I would call/ and or write a letter to find out how to challenge bill process for the...
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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: How do I clear an incorrect old Open Bench Warrant.

Unfortunately, because it is so long ago, I have no documentation. I cannot even remember the Bail company name. Things I remember:

1) I had a public defender

2) Judge reduced to misdemeanor and I was issued..I think $300 fine which I paid the same day.

3) I was issued a... View More

Roland Bakhache Perez
Roland Bakhache Perez
answered on Jul 3, 2017

You need to walk the case on, that means go to court at 8am stand in line to have them pull your case file and sent to a courtroom to see a judge. You can hire an attorney to go with you if you want or you can do this yourself.

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3 Answers | Asked in Civil Rights, DUI / DWI and Municipal Law for California on
Q: What is my best option for contesting a Civil Citation for possessing alcohol on the beach?

I recently received a civil citation for possession of alcohol on the beach in Huntington Beach CA. The fine associated with the ticket is $125. I was considering contesting due to financial hardship as I'm a recent graduate and still have $75k plus in student loan debt that I am actively... View More

Louis George Fazzi
Louis George Fazzi
answered on Jun 25, 2017

If you can offer proof that the date of the ticket is the wrong day, i.e. some evidence of where you were at the same time on the day the ticket was dated, then you might have a good shot at getting a not guilty for the ticket. You'll have to contest it by appearing and pleading not guilty.... View More

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1 Answer | Asked in DUI / DWI for California on
Q: What is the deadline to file an appeal after a a served court order is received by mail. This is for a writ of mandate.

What is the deadline to file an appeal after a a served court order is received by mail. This is for a writ of mandate 1094.5 is it 60 or 180 days? The case is still shows as open. Lets say as an example if the order was stamped and mailed on 2/7/17.

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 21, 2017

It depends on the case. See: http://www.occourts.org/self-help/criminal/criminalappeals.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,...
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5 Answers | Asked in DUI / DWI for California on
Q: If I'm a California resident but get caught driving under the influence in a different state, can I get charged there

and would I have to travel to appear in court there?

David Dastrup
David Dastrup
answered on Jun 13, 2017

Yes, and it depends on that state's laws.

You most certainly can be charged with a crime where it was committed and held to answer at that location.

Whether or not you may appear in court through an attorney without you being personally present, depends on that state's...
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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Have to serve jail time in AZ. I live in California. How do I look for a jail in my hometown to do the jail the time?
David Dastrup
David Dastrup
answered on May 24, 2017

"City Jail" or "Private Jail" is when someone gets approval from a court to do jail at a local police department's jail instead of county jail. You can search online or call your local police department and find out if they do this. If they do, they usually have strict... View More

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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: I got to do jail time from another state. I was an out of state visitor. How do I go about looking and asking?
Vincent John Tucci
Vincent John Tucci
answered on May 23, 2017

Where do you live ? Who is your out of state lawyer? What were the charges that you pled guilty to ? Do you have any history of violence or convictions for the same?

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2 Answers | Asked in DUI / DWI for California on
Q: I need a PD for 1 DUI. Cannot afford a lawyer. Will I be able to obtain one ?
Vincent John Tucci
Vincent John Tucci
answered on May 18, 2017

Here is a great answer to that question that our local public defender's office has on their website...

"In most cases deputy public defenders are appointed by the court. If you are charged with a crime and cannot afford to hire an attorney, ask the court to appoint a public...
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3 Answers | Asked in DUI / DWI for California on
Q: Is it legal for a job application to ask me if I've ever been charged with a DUI? The job doesn't involve driving.
Ali Shahrestani,
Ali Shahrestani,
answered on May 8, 2017

See: https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/californiaarrestsandconvictions.aspx

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my...
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2 Answers | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Constitutional Law for California on
Q: Am I protected under the 14 amendment right 2 travel driving w out a driver's license in the state of CA. I have been

Told technically that I don't have 2 gave one as long as I sign all legal documents w a certain penal code! But I don't know which one!!??

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 24, 2017

To drive a car on public roads, you're required to have a state issued driver's license. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More

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1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: My fiance is currently in a Immigration detention center for a dui. Has no other criminal record. Can he be deported?

Was brought here when he was only 6 years old.

Kyndra L Mulder
Kyndra L Mulder
answered on Apr 21, 2017

Any person that does not have a valid visa or LPR status is subject to deportation. You have not provided enough information to determine whether he has a basis for remaining in the USA. He may be eligible for DACA however if convicted of the DUI he may be disqualified. The best thing you can do... View More

1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: Fiance is in a detention facility has a DUI can he get deported for that?
Sholeh Iravantchi
Sholeh Iravantchi
answered on Apr 14, 2017

That depends upon his prior criminal record. Need more information regarding his record in order to respond.

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