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They wanted to then give me another breathalyzer test, I refused. Was taken for blood test and then while being booked they found a small amount of cocaine in my purse.
I ultimately passed the blood test, now they are charging me for a controlled substance.
If I was being arrested... View More 
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answered on Jan 7, 2024
Under California law, the fact that you were initially stopped for a traffic violation and subsequently found not to be under the influence does not prevent law enforcement from charging you with possession of a controlled substance if it was found during the lawful execution of their duties. The... View More
They wanted to then give me another breathalyzer test, I refused. Was taken for blood test and then while being booked they found a small amount of cocaine in my purse.
I ultimately passed the blood test, now they are charging me for a controlled substance.
If I was being arrested... View More
answered on Jan 7, 2024
In this scenario, it will come down to whether or not the police actually had a valid basis to arrest you for the DUI in the first place. If the police had probable cause to believe you were under the influence of alcohol and/or drugs, then the arrest would be proper and the cocaine that was later... View More
I got a DUI in California and I’m required to do a 9mo DUI program.
I didn’t read my paperwork well after court and I’m finding out I’m behind on the deadlines they gave me to start.
On my court paperwork it says that I had 7 days to enroll in the program which I missed.... View More
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answered on Jan 2, 2024
In California, the DMV and the criminal court systems operate independently in DUI cases. Winning an appeal at the DMV and having your case set aside there primarily affects your driving privileges, not the requirements set by the criminal court.
Since the court ordered you to complete a... View More
I got a DUI in California and I’m required to do a 9mo DUI program.
I didn’t read my paperwork well after court and I’m finding out I’m behind on the deadlines they gave me to start.
On my court paperwork it says that I had 7 days to enroll in the program which I missed.... View More
answered on Jan 2, 2024
Congratulations on prevailing at the DMV Administrative Per Se Hearing. That makes your pathway a little easier. A lot of folks do not realize that when you get a DUI, you have two battles you are facing, and potentially two DMV suspensions: one from the criminal side, and the other is the DMV... View More
I have only had my arraignment but my BAC was 0.12 and I have already taken AA classes. Can my attorney be able to reduce my charges from a DUI to wet reckless?
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answered on Dec 23, 2023
In California, a "wet reckless" charge is a common plea bargain in DUI cases, particularly for first-time offenders or where the evidence may not strongly support a DUI conviction. This charge is formally known as a reckless driving involving alcohol charge.
Your Blood Alcohol... View More
decided to go to a little kickback after a long time. officer said i was swerving but i know i was not because i knew where i was going, where i was going and with who. never have i broken any laws (nor do i plan to) and feel scared. i am an university student about to enter their last semester.... View More
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answered on Dec 21, 2023
Under California law, facing a DUI charge as a first offense with a BAC of 0.12 can have significant legal and personal consequences. Your academic and future professional life could be impacted, especially if your career requires a clean criminal record or involves driving.
During your... View More
decided to go to a little kickback after a long time. officer said i was swerving but i know i was not because i knew where i was going, where i was going and with who. never have i broken any laws (nor do i plan to) and feel scared. i am an university student about to enter their last semester.... View More
answered on Dec 21, 2023
A DUI conviction remains on your record for 10 years, causes greatly increased Insurance Rates, and may affect you in future employment opportunities.
Best course of action is to hire an experienced DUI Defense Attorney, you can afford, to aggressively defend you in an attempt to Dismiss... View More
decided to go to a little kickback after a long time. officer said i was swerving but i know i was not because i knew where i was going, where i was going and with who. never have i broken any laws (nor do i plan to) and feel scared. i am an university student about to enter their last semester.... View More
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answered on Dec 21, 2023
The good news is that you have a moderate alleged BAC. A criminal conviction, depending on whether it's a DUI conviction, or something lesser, can affect your employment, your driver's license status and many other things. Find the best attorney you can right now to help you and protect... View More
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answered on Dec 19, 2023
Financially, if the vehicle is in your name, you're responsible for repairs or replacement after a DUI-related accident. Reporting it to insurance may cover the damage, but your premium might increase. Your wife could face fines and license suspension, impacting joint finances. Legally,... View More
answered on Dec 19, 2023
Whether she reports the damage to the insurance company isn't really up to you. She was driving with permission, as such she is an insured under the policy. The premiums for that policy presumably come from community property funds. The payments for the car presumably come from community... View More
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answered on Dec 19, 2023
In California, when facing a situation where a spouse is involved in a DUI accident with a vehicle registered in your name, there are several legal considerations to keep in mind. First, it's important to understand that as the registered owner, you could potentially be held liable for damages... View More
I constantly see videos where street racing cars get pulled over or a motorcycle group is being chased by police and police only pulls one of them over but typical the one getting pulled over is the only one NOT doing what the others are doing such as speeding, swerving threw traffic, or doing... View More
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answered on Dec 2, 2023
Under California law, individuals are typically responsible for their own actions while operating a vehicle. You cannot be legally charged for traffic violations committed by others, even if they are friends or family members. If you are part of a group, such as a motorcycle convoy, and others in... View More
I have 2 misdemeanors and a dui was wondering how far back a live scan goes because I want to become a CNA and they require a live scan before enrollment.
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answered on Nov 27, 2023
In California, a Live Scan background check typically includes criminal history information that can go back indefinitely. However, for employment purposes, there are restrictions under California law regarding how far back an employer can consider criminal history.
The California... View More
I have 2 misdemeanors and a dui was wondering how far back a live scan goes because I want to become a CNA and they require a live scan before enrollment.
answered on Nov 27, 2023
For any license or credential given by an agency in CA, any livescan will pull up a person's entire criminal history as it is stored in the DOJ repository. However, agencies prefer to see cases that have been expunged or sealed for dozens of reasons. If the 2 misdemeanors and DUI you have in... View More
Recently found out I have a bench warrant for forgetting to turn in my dui course papers and I have to show up for jury duty how do I sort this out??
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answered on Oct 23, 2024
Your immediate priority should be addressing the bench warrant before your jury duty date, as having an active warrant could lead to serious complications.
Contact the court where your DUI case was handled right away and ask about the procedure for recalling the warrant. You'll want to... View More
I received almost no communication or assistance from court appointed attorney during my appellate case, including not being provided with necessary court transcripts and documents. Despite multiple attempts to contact my attorney, i received no response I only received a Wende brief letter months... View More
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answered on Oct 9, 2024
I'm sorry to hear about your experience. You may have grounds to challenge the appellate decision due to ineffective assistance of counsel. Start by consulting with a new attorney who can review your case and determine if there are valid claims for appeal based on your previous attorney's... View More
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answered on Oct 3, 2024
Expunging your DUI in California involves several steps that you can follow to clear your record. First, you must complete all the requirements of your DUI conviction, including paying fines, attending mandatory alcohol education programs, and fulfilling any probation terms. It's essential to... View More
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answered on Sep 27, 2024
It’s unlikely that a DUI charge would be removed from court records without a specific legal reason. Generally, DUI charges stay on record unless they are expunged, dismissed, or you’re acquitted. Expungement typically happens after the completion of your sentence, and even then, it may only... View More
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answered on Sep 16, 2024
Withdrawing a plea in California can be a challenging process, but it is possible under certain circumstances. You generally have the right to request to withdraw your plea if you can show that it was not made voluntarily, intelligently, or knowingly. This could happen if you were misled, did not... View More
After the other driver backed into me and hit my car from the front left side, she drove off into the neighborhood and i followed her but sped off in another direction, then I lost her. My friend who was in the passenger seat called the police for me to file a report. Shortly after, the police... View More
answered on Sep 15, 2024
You can sue but it's a giant waste of time. You aren't injured and your insurance company will pay to repair the property damages without the time and money of a lawsuit.
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