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California DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for California on
Q: If I get in an out-of-state DUI accident, where should I hire an attorney to represent me: my home state or the state in

which the accident occurred?

Sergio H. Benavides
Sergio H. Benavides
answered on Apr 11, 2017

You would need to hire an attorney from the state in which the accident occurred, since that is where you'll be dealing with the charges and that is where the attorney will have a license to practice.

2 Answers | Asked in DUI / DWI, Civil Rights and Traffic Tickets for California on
Q: Can I sue a police officer for threatening to give my mom a jaywalking fine even though she wasn't jaywalking?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 30, 2017

You can report abuse of authority to the PD. 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, honors, testimonials, and media appearances/ publications on... View More

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2 Answers | Asked in DUI / DWI for California on
Q: my son is 23 yr old and has alot to lose. he has a hearing on the 21st. now what do i do? what is the down payment
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 18, 2017

Typically attorney fees for 1st time DUI's can run around $3000 to $5000, depending on the facts. 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 for California on
Q: my son just got a misdemeanor DUI and infraction for unsafe speed. what do i do
William Mihrtad Paparian
William Mihrtad Paparian
answered on Mar 18, 2017

If your son is under 21 years of age there are some serious consequences. You should consult with an experienced criminal defense attorney. You have 10 days from the date of his arrest to contact the DMV and request a hearing on the suspension of his license. This is separate and apart from his... View More

2 Answers | Asked in DUI / DWI for California on
Q: What requirements does a police officer need to meet to justify pulling me over on the suspicion of drunk driving?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 17, 2017

Reasonable suspicion is required to pull someone over. That's a pretty low bar. Swerving, a tail-light out, visual queues of drunkenness, a cell phone violation or other traffic violation, etc. would suffice. More details are necessary to provide a professional analysis of your issue. The best... View More

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1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: Filing citizenship or renewing my permanent resident card with DUI on my record?

Long Beach, CA | 20 hours ago

I have one DUI on my record that happen 8/11/12 in Los Angeles county and convicted 6/4/2013 with count 02 Charge Section 23152(B) and count 01 Charge Section 23152(A) was dismissed. I complied with the court and DMV prerequisites to complete my case. As an... View More

Sergio H. Benavides
Sergio H. Benavides
answered on Feb 25, 2017

When you have a criminal record, and you want to apply for citizenship, you seriously need the help of an attorney to analyze your situation very carefully. Whether or not to file citizenship is a difficult question, because immigration authorities look at someone's criminal record in a... View More

2 Answers | Asked in DUI / DWI for California on
Q: Is any officer who stops you able to do a field sobriety test, or do they have to be certified first?
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2017

State police training laws control that, but any officer CAN ask person to try to do anything, but 100% of all roadside tests are VOLUNTARY, OPTIONAL and not required. If suspected of DUI, I recommend NEVER attempting ANY roadside tests of any type. They are not SCIENTIFIC, and are prone to a... View More

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1 Answer | Asked in DUI / DWI for California on
Q: My boyfriend got a 2nd DUI back in 1993. License was suspended. licenses still suspended

Was suppose to take DUI classes.Does he still till this have to DUI classes! Got a new job good pay. He called DMV and was told he still needs to take DUI classes.Is that true?

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2017

Yes. Because the State controls license issuance, and driving is not a constitutional right, they will not clear him, until he complies, and pays reinstatement.

1 Answer | Asked in DUI / DWI for California on
Q: Does Music v. DMV serve as authority about getting DUI dismissed, or just DMV;s role in a conviction?

Anon call to police which stated the caller saw JO move their car. Police showed up at address and found JO on the porch have a smoke. Never having seen JO driving, they arrest JO and do blood sample for BAC. Music holds officer must see movement of the vehicle. However, the opinion is couched as... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

See: http://law.justia.com/cases/california/court-of-appeal/3d/221/841.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, honors, testimonials,...
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1 Answer | Asked in DUI / DWI for California on
Q: My son got his dui in California, would he be able to do his DMV classes I n Ohio. He's already spent his time in jail.
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 10, 2017

What does the court order say? You may need to ask the judge for permission to do this. 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, honors,... View More

1 Answer | Asked in DUI / DWI for California on
Q: can I take the DMV to superior court to force them to issue me a license and can this be done without a lawyer

I took 18mo alcohol program in Wa state. Ca. DMV will not allow another states program however since program was completed in another state, if I file form 1650, show proof of residency in another state with a utility bill in my name, and maintain a valid SR-22 Ca DMV will remove the hold allowing... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

You can research your case at your local law library, and you may access free forms there as well. 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

1 Answer | Asked in DUI / DWI for California on
Q: I was detained for suspicion of dui but released per penal code 849 ...the officer took my liscense what can I do ?

I was released after my blood was drawn per penal code 849...and I don't have a notice to appear in court

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

Why was your license taken? Was it a valid license? Contact the police department via an attorney. Are you sure there's no criminal charge against you? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney.... View More

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Traffic Tickets for California on
Q: What are the chances this person gets "struck out"? Or, what's a typical sentence for this type of situation?

I'm trying to understand the 3-strike laws. This person crashed into a Tesla on the 405, killing a young girl, while severely injuring her sister and father. At the time, He was already on felony probation for a 2015 DUI. What are the odds he gets 'struck out', considering the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 2, 2017

Nobody can give you a prediction. These facts should be discussed privately with a lawyer. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I... View More

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1 Answer | Asked in Criminal Law, DUI / DWI, Employment Law and Immigration Law for California on
Q: DA has NO discovery of my case. All she sent my lawyer were pics.THATS IT. More then 1x. can i file motion of dismissa

The whole police report is conjoured up of all lies... Nothing in the report was spoken from my mouth. I've asked to subeona the audio from the police interrogation room and they cant locate an of them. 4 cops,1 a sargent and cant find ANY audio which wouild prove these cops made up a story/... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jan 23, 2017

You state you have a lawyer. s/he knows all the facts and is the best person to make that decision. Ask your lawyer.

1 Answer | Asked in DUI / DWI for California on
Q: If I have a dui control substance. Do I have to register?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 17, 2017

There are insufficient facts presented in your question. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... View More

1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: My boyfriend was taken into custody this morning for a DUI its his first offense he has court on tuesday

I still dont know if the immigration officers have a hoLd on him... But i dont want him to get deported... What are my options? Is there anything i can do to keep him in thr country?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 17, 2017

You can help him hire a criminal defense attorney and an immigration attorney. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or... View More

1 Answer | Asked in DUI / DWI for California on
Q: Do open container laws apply if we're driving friends around in a Sprinter Van, driver was hired, van is owned by us?

Some people have mentioned the need for a partition between the driver and passengers for alcohol to be legally consumed by the passengers. I can't find anything about the partition or divider on the legal code. Anyone else ever see this?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2017

Limousines have such a partition where the driver cannot access the alcohol. Sprinter vans typically lack such a partition, making it illegal to consumer alcohol in them even if you're a passenger. The best first step is an Initial Consultation with an Attorney. You can read more about me on... View More

1 Answer | Asked in DUI / DWI for California on
Q: I had a DUI over two years ago and never appeared for my court date so a warrant was issued. I would like to clear it up

I am currently living in Northern California. Can I take care of this issue from here?

William Mihrtad Paparian
William Mihrtad Paparian
answered on Jan 2, 2017

No, an appearance on your behalf will be required in the court that issued the bench warrant. However, pursuant to section 977 of the California Penal Code your attorney can appear for you on your behalf at every stage of the court proceedings including the final disposition. I recently handled a... View More

1 Answer | Asked in DUI / DWI for California on
Q: Is this legal? My brother got a DUI - he's an alchoholic. Terms of probation are he can't drink

- his wife called the cops and told them to give him a breathalyzer test and they did and sent it to the probation officer. Can his wife just call any time? Don't think that's fair.

Andy Chen
Andy Chen
answered on Dec 20, 2016

Probably. A typical term of probation for a DUI is that you (1) can't drink, and (2) are subject to search by any law enforcement officer at any time for any reason. One would hope that our spouse is there to help and encourage us, but that's not always the case. Some spouses are exactly... View More

1 Answer | Asked in DUI / DWI for California on
Q: I was pulled over for my first DUI 12 years ago -

- isn't there a law where if I get another one that won't get counted against me?

David Carl Beyersdorf
David Carl Beyersdorf
answered on Dec 16, 2016

If it is within 10 years, then it is considered a prior. At 12 years, the new one should be treated as a first. Keep in mind that we are talking about the date of conviction and not the date of arrest. Good Luck

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