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California DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: I am traveling to Cuba. Can I fly into Canada from US, and then to Cuba if I was charged with a DUI?

I am visiting my wife’s family in Cuba. We plan to fly to Canada, then fly from Canada to Cuba. If I was charged with DUI, but not convicted, will I have any problems flying into or out of Canada? I understand that if I drive into Canada it could potentially be problematic, but have heard if I... View More

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answered on May 16, 2023

When traveling to Canada with a DUI charge on your record, there is a possibility that you may encounter issues at the border, regardless of whether you are flying or driving into the country.

Canada has strict regulations regarding criminal convictions, including DUI charges. Even if you...
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1 Answer | Asked in DUI / DWI and Criminal Law for California on
Q: Hi Is there a probable cause to get pulled over on the California Highway while driving in the slow lane with my

hazards on at night time and my front tire was low? He ended up arresting me for DUI and suspended license and took me to the hospital and said he had a warrant to get blood tests but he never showed me the warrant. Is this case dismissable if we go to trial?

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answered on May 8, 2023

It is possible for a law enforcement officer to pull you over in California if they have reasonable suspicion or probable cause that a traffic violation has occurred. Driving with hazards on while in the slow lane and having a low tire could be considered a traffic violation, as it could be seen as... View More

1 Answer | Asked in Car Accidents, DUI / DWI, Criminal Law and Health Care Law for California on
Q: My brother was arrested for a dui because he crashed both parents have been trying to see him or get an update on his h

Health but they refuse to give them any information or let him see him what rights do we as a family have to know his status we haven’t gotten any information

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answered on May 7, 2023

If your brother is an adult, the hospital and law enforcement may not be able to release any information about his condition without his consent. However, if your brother is unable to make decisions due to his condition, the hospital may be able to share some information with a designated family... View More

2 Answers | Asked in DUI / DWI for California on
Q: Got dui on 4-11 this is my second frist one around 2016. I was changing lanes and clipped the car in front of me. Me and

The other person we're exchanging information when I looked there they were saying they saw it all. Then they smelled the alcohol did the test on uneven ground. Plus I have scoliosis is there any way I can get help

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answered on May 7, 2023

If you have been charged with a DUI, it is important to seek legal counsel immediately. A DUI conviction in California can have serious consequences, including fines, license suspension, and even jail time.

As a second DUI offense, the penalties can be even more severe. However, there may...
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1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Admiralty / Maritime for California on
Q: What paperwork is a judge/ commissioner/magistrate to have on-site (if not the case is dismissed?
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answered on May 6, 2023

Judges, commissioners, and magistrates are required to have certain paperwork on-site when presiding over cases in order to ensure a fair and just legal process. The specific paperwork required may vary depending on the type of case being heard, but generally, judges are required to have the... View More

1 Answer | Asked in DUI / DWI for California on
Q: My son got a DUI drugs in a remote area late at night. When he pulled over he got stuck on a rock.

He was lost and had no cell reception. He had a vape in his car. He was found in a ditch close to his car much later by police. Can he get a DUI if no one saw him driving and do not know if he smoked the vape before or after he stopped the car. He had no alcohol in his system and was later taken... View More

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answered on May 5, 2023

In many states, a person can be charged with a DUI even if they were not seen driving. The fact that your son was found in a ditch close to his car may be enough for the police to charge him with a DUI. The presence of the vape in the car may also be used as evidence against him. However, the exact... View More

1 Answer | Asked in DUI / DWI for California on
Q: 1994 dmv printout says proof O dui school but no mention of a sr22. 2022 printout says i need SR-22 Which is right?

revoked license 1990 reinstated 2021. my conviction is non reportable but i didn't complete dui school to end this action until 2021. which allows it to stay on my record for 3 more years. was that law or statute ever amended. And can they add the SR22 requirement? Because it wasn't... View More

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answered on May 2, 2023

It is possible that the requirements for reinstating a revoked license may have changed since 1994. The fact that the 2022 DMV printout now lists a requirement for an SR-22 indicates that this may be a new requirement that was not in place in 1994. It is also possible that the requirement for DUI... View More

3 Answers | Asked in DUI / DWI for California on
Q: What are the education requirements for a DUI coming from CA to FL?

Had a DUI last OCT. Had a wet reckless 9 1/2 yrs ago. Since it's within 10 years, in CA it's considered my second. The CA court says I have to be in a 3 month education/group plan. CA DMV says it has to be 18 months. I drive with a IID device in the car now. If I move from CA to FL how... View More

David A. Simon
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David A. Simon
answered on May 24, 2023

You will need to enroll in the 18-month multiple conviction program. The "wet" is priorable meaning it counts as DUI when charged with another. However, if you enroll in the 18-month MCP and get an ignition interlock device on your car California will remove any hold on your license and... View More

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3 Answers | Asked in DUI / DWI for California on
Q: What are the education requirements for a DUI coming from CA to FL?

Had a DUI last OCT. Had a wet reckless 9 1/2 yrs ago. Since it's within 10 years, in CA it's considered my second. The CA court says I have to be in a 3 month education/group plan. CA DMV says it has to be 18 months. I drive with a IID device in the car now. If I move from CA to FL how... View More

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answered on Apr 30, 2023

If you move from California to Florida with a DUI on your record, you may need to meet certain requirements in order to obtain a driver's license in Florida.

In Florida, if you have a DUI conviction from another state, you may be required to complete a DUI program that is equivalent to...
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3 Answers | Asked in DUI / DWI for California on
Q: What are the education requirements for a DUI coming from CA to FL?

Had a DUI last OCT. Had a wet reckless 9 1/2 yrs ago. Since it's within 10 years, in CA it's considered my second. The CA court says I have to be in a 3 month education/group plan. CA DMV says it has to be 18 months. I drive with a IID device in the car now. If I move from CA to FL how... View More

Jeff  Yeh
Jeff Yeh
answered on Apr 30, 2023

Since Florida is part of the interstate compact, they will respect California's requirements for a 2nd DUI. In other words, you will need to complete the SB-38 (18-month program) before you are eligible to get your license back. And the SB-38 must be a California program (not a Florida... View More

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3 Answers | Asked in DUI / DWI for California on
Q: Took a DUI class in 1996 through maap. Completed the class but before I could pay for it I went to prison. License is

Still suspended. DMV says I need to take the course again. Can you advise? Thank you

James L. Arrasmith
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answered on Apr 17, 2023

Hello,

I understand that you took a DUI class in 1996 through MAAP but were not able to pay for it before you went to prison. As a result, your license is still suspended, and the DMV is telling you that you need to take the course again. I can provide you with some advice on how to...
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2 Answers | Asked in DUI / DWI for California on
Q: What happens if a CHP officer gave you a fingerprint notification but you are unable to get them because there’s no OPI?

Every live scan location is asking for an OPI and every police CHP or sheriffs office i contacted doesn’t have that information

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answered on Apr 11, 2023

If a CHP officer gave you a fingerprint notification but you are unable to obtain your fingerprints due to a lack of OPI (Originating Agency Identifier), you may want to contact the CHP officer who issued the notification and explain the situation. They may be able to provide you with the necessary... View More

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2 Answers | Asked in DUI / DWI and Probate for California on
Q: Need to petition to have sibling removed as executer of estate. Have a warrant can I be arrested when I go to court?

I have a warrant for a DUI in 2014. I haven't finished paying the fine, paid most. I need to petition to have a sibling removed as executor for fraud , theft and for not acting or performing his duties as executor, can I be arrested for the warrant when I go to court to petition.....

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answered on Apr 9, 2023

It is possible that you could be arrested for the outstanding warrant when you go to court to petition to have your sibling removed as executor of the estate. It would be best to consult with an attorney to discuss your legal options and the potential consequences of your outstanding warrant.... View More

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5 Answers | Asked in DUI / DWI for California on
Q: Hi I got a dui last year and was supposed to start my work release program on 3/1/23 but I mistaken it for a later date

What would be the procedure for something like that? Will I be going to jail?

Jeff  Yeh
Jeff Yeh
answered on Mar 31, 2023

Normally there is a deadline, not a start date. If you missed your deadline, you may be in violation of probation, and a warrant will eventually go out when the completion deadline has come and passed. With that said, it looks like you are still within 30 days, so there may not be a warrant yet.... View More

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5 Answers | Asked in DUI / DWI for California on
Q: Hi I got a dui last year and was supposed to start my work release program on 3/1/23 but I mistaken it for a later date

What would be the procedure for something like that? Will I be going to jail?

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answered on Apr 1, 2023

If you have missed the start date for your work release program due to a mistake, it is important to contact your probation officer or the court as soon as possible to inform them of the situation. They may give you a chance to explain your mistake and work with you to reschedule the start date of... View More

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3 Answers | Asked in DUI / DWI for California on
Q: A relative had DUI about 10+ years ago. Attended AA meeting, however never turned in completion to court.

Applied for AB 60 license and got approved. Now dmv is requesting proof of that but it’s been more than 10 years and there’s no proof of paper trail? A.A. meeting office no longer available What to do next?

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answered on Mar 21, 2023

If your relative is being asked by the DMV to provide proof of completion of the AA meeting requirement for their DUI, but there is no paper trail or documentation available, they may want to consider taking the following steps:

Contact the court: If the DUI case was handled through the...
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2 Answers | Asked in DUI / DWI for California on
Q: How do I find out what happened at a DUI arrignment in California
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answered on Mar 21, 2023

In California, you can find out what happened at a DUI arraignment by requesting a copy of the court transcript or accessing the court record online. Here are the steps to follow:

Contact the court clerk: You can contact the court clerk of the court where the arraignment took place and...
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2 Answers | Asked in DUI / DWI for California on
Q: Alright so my dad has many dui offensives to the point he can’t have an license and he still drink and drives till this

Day. What if I register his car in my name and he kills somebody drinking and driving then flees

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answered on Mar 15, 2023

Registering your dad's car in your name may not absolve you of any potential legal liability if your dad causes harm to someone while driving under the influence of alcohol. If your dad causes an accident and injures or kills someone, you and your dad could both be held liable for any damages... View More

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3 Answers | Asked in DUI / DWI for California on
Q: What are the consequences for getting an underage drinking ticket while on informal probation for a DUI?
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answered on Mar 15, 2023

Getting an underage drinking ticket while on informal probation for a DUI can have serious consequences, including:

Probation violation: An underage drinking ticket may be considered a violation of your informal probation for the DUI, which can result in more severe consequences, such as...
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3 Answers | Asked in DUI / DWI for California on
Q: What are the consequences for getting an underage drinking ticket while on informal probation for a DUI?
Jeff  Yeh
Jeff Yeh
answered on Mar 17, 2023

First, your probation may be violated. If so, the Judge from your DUI case can punish you with whatever jail time you were not originally sentenced to (up to 180 days for a first time misdemeanor DUI). With that said, underage drinking is a relatively minor offense, especially if you're very... View More

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