Still suspended. DMV says I need to take the course again. Can you advise? Thank you
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... View More
Every live scan location is asking for an OPI and every police CHP or sheriffs office i contacted doesn’t have that information
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
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.....
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
What would be the procedure for something like that? Will I be going to jail?
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
What would be the procedure for something like that? Will I be going to jail?
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
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?
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... View More
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... View More
Day. What if I register his car in my name and he kills somebody drinking and driving then flees
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
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... View More
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
If i’m going to school in madison and a bar gets raided that I’m at and they give out over 130 underage drinking tickets am I going to jail or does that count as a violation of probation or just a fine I have to pay?
answered on Mar 15, 2023
Violating probation terms, such as getting an underage drinking ticket, could result in consequences such as having to pay fines, community service, attending alcohol education classes, or even revocation of probation. Depending on the severity of the violation, you may also face additional legal... View More
Dui attorney who also owns and operates an Interlock ignition rental business. Conflict of interest?
answered on Mar 10, 2023
In California, an attorney is prohibited from engaging in business transactions with a client unless certain requirements are met. Specifically, California Rules of Professional Conduct Rule 3-300 states that an attorney shall not enter into a business transaction with a client unless:
The... View More
Or fight DUI they forced a blood test telling me they can get a warrant for it.
answered on Mar 9, 2023
A lawyer would need more info to advise you intelligently.
You should consult with a local lawyer who can advise you after seeing the police report what your chances are of Suppressing the Evidence of the Stop and whether the Forced Blood was correct.
The implied consent law says... View More
Or fight DUI they forced a blood test telling me they can get a warrant for it.
answered on Mar 9, 2023
You can file a 1538.5 motion to challenge the stop if there is evidence that it was a yellow and not a red light that you ran (ie. video footage). If you are successful, then nothing after the stop is admissible in court. But realize that if it is just your word versus the cop's, you will... View More
Or fight DUI they forced a blood test telling me they can get a warrant for it.
answered on Mar 9, 2023
Going through a yellow light is not an offense, but doing so recklessly could be a basis for a lawful stop. Your lawyer will have to look into the actual facts and reason given the stop to determine if the evidence gathered against you afterwards was the product of an unlawful detention. Cops... View More
Or fight DUI they forced a blood test telling me they can get a warrant for it.
answered on Mar 9, 2023
A suppression motion under Penal Code section 1538.5 can be brought and we would get a hearing in the legality of the stop and arrest. The arresting officer would need to get on the stand and testify and we get to cross examine them on the procedures and legality issues.
The forced blood... View More
Or fight DUI they forced a blood test telling me they can get a warrant for it.
answered on Mar 10, 2023
It may be possible to challenge the initial traffic stop that led to the DUI charge. In general, police officers must have a reasonable suspicion that a traffic violation or other offense has occurred before they can pull a driver over. If the stop was not lawful, any evidence obtained as a result... View More
I'm trying to figure out when do points "fall off the record", when does the time starts counting, from the time a person is convicted or from the time the citation was issued? Thank you
answered on Feb 20, 2023
In California, points on a driving record are accumulated when a person is convicted of certain traffic violations. The number of points assessed for each violation can vary, but generally range from 1 to 2 points for minor infractions, up to 3 to 4 points for more serious offenses.
Points... View More
My wife has a disease that causes her to not be able to make saliva. Sometimes causing her speech to slur and difficult to understand. She took my son to school, went into the office to request his attendance record, but the principal locked her in the office, suspecting intox and called the police... View More
answered on Feb 20, 2023
I'm sorry to hear about the situation that your wife and family experienced. If you believe that your wife's civil rights were violated, there are several steps that you may want to consider taking:
Document the incident: It is important to gather as much information about the... View More
Apparently there was a high speed chase not sure why the spikes were layer out and chp was no where in sight. So had no choice but to pull over to the shoulder and called for tow. While waiting CHP arrived on scene, instead of asking if everything was okay they asked have we’ve been drinking and... View More
answered on Feb 19, 2023
It is possible to file a lawsuit against the California Highway Patrol (CHP) for damages resulting from laying spike strips on the freeway. However, in order to be successful in a lawsuit, you would need to prove that the CHP was negligent in their actions and that this negligence caused your... View More
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