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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 
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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
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
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 am currently facing charges for auto theft in California and was under the influence of drugs and alcohol at the time of the incident. I have never been sentenced under Prop 36 before, but I have numerous alcohol-related convictions and a few for possession of meth. None of my prior charges... View More
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answered on Apr 12, 2025
Facing charges for auto theft in California while under the influence of drugs and alcohol presents challenges when considering eligibility for Proposition 36 (Prop 36) sentencing. Prop 36, enacted in 2000, primarily offers drug treatment programs instead of incarceration for non-violent drug... View More
I was convicted of a DWI in California on April 20, 2024, with the original infraction occurring on December 19, 2023. I am currently on informal probation for three years without specific terms related to new offenses. On February 13, 2025, I was pulled over for speeding, and last week, I received... View More
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answered on Apr 11, 2025
Since you're on informal probation for your DWI, you’re generally required to obey all laws, even if your probation terms don’t mention new offenses specifically. While speeding and red light tickets are traffic infractions, they can still be viewed as violations if a judge believes they... View More
I was convicted of a DWI in California on 4-20-24, with the original infraction on 12-19-23. I have been sentenced to probation, required to attend classes, and pay fines. On February 13, 2025, I was pulled over for speeding, and I also received a red light camera ticket last week. I would like to... View More
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answered on Apr 11, 2025
You're right to be concerned, because while speeding and red light tickets aren’t alcohol-related, they can still affect your DWI probation in California. Probation terms often include obeying all laws, and even minor traffic infractions can technically count as violations. That said, courts... View More
I used to have DACA, which expired on May 18, 2024. Since then, I received a DUI and I am currently completing my DUI classes. My wife is a U.S. citizen and she hasn't taken any steps yet, but I would like to know if, given my current situation, she can apply for a green card for me. I have no... View More
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answered on Apr 4, 2025
Yes, your U.S. citizen wife may still be able to petition for a green card for you, but your situation is more complicated due to the expired DACA status and DUI conviction. The first step would be for her to file an I-130 petition to establish the marriage-based relationship. However, because... View More
I used to have DACA, but it expired 11 months ago. Since then, I received a DUI and am about to complete my DUI classes. My wife is a U.S. citizen, and I would like to know if she can apply for my green card, considering my current situation.
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answered on Apr 4, 2025
Yes, your U.S. citizen spouse can still petition for you to get a green card, even though your DACA expired and you have a DUI. The fact that you're married to a U.S. citizen opens the door for a family-based immigration process, but your recent immigration and criminal history can affect how... View More
My wife and her mother equally own a mobile home, but we are renting the land it sits on under a 5-year lease ending in June 2026. Recently, my mother-in-law packed up and left without any notice, refusing to pay her share of the rent. She is on probation from a DUI and recently received her full... View More
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answered on Apr 4, 2025
Under California law, when multiple parties sign a lease agreement, they typically share joint and several liability for the entire rent amount, meaning you and your wife are indeed responsible for the full payment despite your mother-in-law's departure. The informal transfer of ownership to... View More
I was charged with a DUI, but I believe I should have been charged with public intoxication instead. My car was parked on private property at my father-in-law's welding shop in Wasco, CA. I wasn't in the car, didn't have the keys, and was standing by the car talking to a friend. I... View More
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answered on Apr 1, 2025
Based on the circumstances you've described, you potentially have several grounds to contest your DUI charge under California law. Vehicle Code Section 23152 requires proof that you were driving a vehicle while under the influence, and the prosecution must establish all elements of this... View More
In April 2024, I was parked on a rear shoulder when a CHP officer approached me. I admitted to having one beer and a small amount of THC 45 minutes before talking to the officer. I blew a 0.05% BAC, my car was towed, and I was taken to the station where I provided a blood sample for THC testing. I... View More
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answered on Mar 26, 2025
Your upcoming arraignment is just the beginning of the legal process, not the end. At this first court appearance, you'll hear the formal charges against you and be asked to enter a plea of guilty, not guilty, or no contest. Unlike with alcohol DUIs, California doesn't have a legal limit... View More
I was arrested for a DUI in 2023 and officially convicted in June 2024. I am a green card holder and want to apply for U.S. citizenship. I read that I can apply after five years since the DUI completion. Does this period start from the date of arrest in 2023 or from my conviction date in June 2024?... View More
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answered on Mar 20, 2025
The five-year period for applying for U.S. citizenship typically starts from the date of your DUI conviction, not the date of your arrest. Since you were convicted in June 2024, the good moral character requirement would generally extend five years from that date, meaning you would be eligible to... View More
I was arrested approximately six weeks ago for suspicion of DUI in Fresno, CA. During the arrest, the officer claimed I resisted, which I did not, and used excessive force, resulting in a shoulder injury. I have a fracture and a tear, confirmed by X-rays and an MRI, and I am on pain medication.... View More
answered on Mar 14, 2025
A civil lawyer will want the body camera footage. Have your DUI attorney obtain this.
There are attorneys who concentrate on the type of cases. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers
NOTE: Governmental entities, such as cities, require a... View More
I'm applying for a position on a critical response team that involves potentially driving others in my own car with my own insurance. I had a DUI misdemeanor 10 years ago, and my DMV record is currently clear. I am about to undergo a live scan for a background check. Should I proactively... View More
answered on Mar 5, 2025
Yes. If you are asked about prior convictions, do not lie, unless they have been dismissed. Whether or not the employer can use that information will depend on many factors. Good luck to you.
I was arrested for a DUI even though I wasn't driving at the time. My ex-boyfriend called the police on me, claiming I was on drugs and alcohol. I waited for the police because I wanted to explain that I wasn't doing anything wrong. The police arrested me and conducted a breathalyzer... View More
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answered on Mar 4, 2025
Pre-trial release conditions like drug patches can be imposed because the court has the authority to set reasonable conditions to ensure public safety and your return to court. When drugs were found in your system, even if you weren't driving, the judge likely viewed this as justification for... View More
I haven't completed my DUI program since my last attempt in 2014. I've cleared all court-related matters and am now dealing solely with the DMV. I was told I need to redo the entire 18-month program. Additionally, I completed an 18-month interlock program, but the provider is no longer in... View More
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answered on Mar 4, 2025
Unfortunately, in California, DUI program credits typically expire after a significant period of non-completion, and the 10-year gap since 2014 means you'll likely need to restart the 18-month program from the beginning. The DMV views these programs as sequential educational experiences rather... View More
I went to court for a DUI involving drugs and pleaded not guilty. During the first hearing, the district attorney requested I wear a drug patch and abstain from alcohol and driving until my next hearing. My public defender has not explained why this was granted, especially with discrepancies in the... View More
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answered on Mar 1, 2025
Courts in California can impose pre-trial conditions even when you've pleaded not guilty, as these are considered protective measures rather than punishments. Your situation—being parked with a cane, negative breathalyzer, but positive blood test—falls into a legal gray area where judges... View More
My sister, who is divorced, was charged with a DUI while having her kids in the car in Costa Mesa, CA. Although the officer's report noted she was cognizant, driving normally, and calm, leading to her release on her own recognizance, she was booked at the scene. Her ex-husband, who has... View More
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answered on Feb 18, 2025
Taking proactive steps before your court date is a wise decision. While there isn't a single mandated parenting class for DUI cases involving children in California, courts often look favorably upon completing programs focused on both substance abuse awareness and responsible parenting.... View More
I was wrongfully arrested and taken to jail at which time I bonded out and continued to fight my case on the outside. I ended up taking the case to trial and after my lawyer demolished the officer on the stand and ultimately got my case thrown out of court I have yet to receive the property taken... View More
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answered on Feb 15, 2025
Here's how you can recover your confiscated money after your case dismissal:
First, contact the law enforcement agency that initially seized your property and submit a formal request for its return. You'll need to provide your property receipt, case dismissal documentation, and... View More
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