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California DUI / DWI Questions & Answers
1 Answer | Asked in Car Accidents, DUI / DWI and Health Care Law for California on
Q: I was take to the hospital after a DUI GIVIN A PINK SLIP NO BAC OÑ ON TICKET SAID DUI AND OTHER 10DAYS DAYS TO ÇALL DMV

Week later city bill 1100 I asked Dr what am I going here they said I have not given anyone consent to draw my blood or do any type of testing and this was 3 hours after the officer left they said my BAÇ was a 1.8 after I had them check I'm pretty muched f©©k?

James L. Arrasmith
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answered on Sep 4, 2024

It sounds like you're dealing with a complex situation. First, if your blood was drawn without your consent after the officer left, you may want to challenge the legality of that blood draw. In California, implied consent laws allow for chemical testing in DUI cases, but there are specific... View More

1 Answer | Asked in DUI / DWI, Family Law, Car Accidents and Child Custody for California on
Q: If my co parent was a convicted felon for DUI vehicular man slaughter will the judge see him as incompetent parent?

He’s been out for 1 1/2 years now and my attorney is taking their sweet time to file a change of order from 2017. I was dumb to take word of mouth to think everything will be fine when he came out and didn’t change the custody order. 2 months after he came out he wanted to follow the court... View More

James L. Arrasmith
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answered on Aug 22, 2024

Winning a custody battle depends on several factors, including the best interests of the child, which is the primary concern for the court. The judge will consider your co-parent's past conviction, especially since it involves DUI vehicular manslaughter, and weigh it against their current... View More

1 Answer | Asked in DUI / DWI for California on
Q: My fiancé is in county jail and set to be released in September with a year of probation but has a DUI case in another

County. What happens now? Will he be picked up by the other county?

James L. Arrasmith
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answered on Aug 17, 2024

When your fiancé is released from county jail, it's possible that the other county with the pending DUI case may place a hold or warrant for his transfer. This usually depends on the severity of the case, court schedules, and coordination between the counties. If there's an active... View More

1 Answer | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Constitutional Law for California on
Q: Quick question about California law

After being pulled over, what are all the reasons that would give the police the right to tell you to step out of your vehicle and start searching your vehicle? In california

James L. Arrasmith
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answered on Aug 6, 2024

In California, after being pulled over, an officer can legally ask you to step out of your vehicle for various reasons. If they have reasonable suspicion that you are involved in criminal activity, they have the right to ask you to exit your vehicle. Additionally, if the officer believes you may be... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for California on
Q: After being pulled over

After being pulled over, what are all the reasons that would give the police the right to tell you to step out of your vehicle and start searching your vehicle? In california

James L. Arrasmith
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answered on Aug 6, 2024

In California, if you are pulled over, police officers may ask you to step out of your vehicle for several reasons. One common reason is if they have reasonable suspicion that you are involved in criminal activity beyond the traffic violation, such as seeing drugs or weapons in plain view. They may... View More

1 Answer | Asked in DUI / DWI for California on
Q: How long can I be held in jail for an out of county warrant in California?
James L. Arrasmith
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answered on Aug 5, 2024

Under California law, if you are arrested for an out-of-county warrant, you can be held in jail for a limited period. Generally, the holding period is up to 48 hours, not including weekends and holidays. This allows time for the county that issued the warrant to arrange for your transport.... View More

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: Is there a certain amount of community service I need to complete by my turn in date to jail to avoid jail time?

If I am allowed to serve community service in AOWP in Fresno County, do I need to have a certain number of hours completed or all completed by my turn in date for jail to avoid jail time?

James L. Arrasmith
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answered on Jul 31, 2024

In California, the specific amount of community service required to avoid jail time depends on the terms set by the court. Each case is different, and the judge typically provides clear instructions regarding how many hours of community service you need to complete. It’s crucial to follow the... View More

3 Answers | Asked in DUI / DWI, Tax Law, Civil Rights and Sexual Harassment for California on
Q: I would like help getting my aunt removed from being power of attorney..I was forced into signing. Please respond!!
Robert Kane
Robert Kane
answered on Jul 27, 2024

Simply Google: "California revocation power of attorney."

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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Hi I'm just wondering if this is a real law 28cfr29.10
James L. Arrasmith
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answered on Jul 18, 2024

The Code of Federal Regulations (CFR) is a codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. Specifically, 28 CFR 29.10 pertains to the National Motor Vehicle Title Information System (NMVTIS), a... View More

1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: I want to go to Tijuana to pick up my niece, she was born in Coachella California, but she only has 3 months,

I also have a pending dui case,

James L. Arrasmith
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answered on Jun 30, 2024

Based on the information provided, there are a few important points to consider:

1. DUI case: Having a pending DUI case can potentially complicate travel, especially when crossing international borders.

2. Border crossing: Returning to the US from Mexico may involve additional...
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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: Is there a form in Utah, similar to the 41500 form we have here in CA?
James L. Arrasmith
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answered on May 14, 2024

I apologize for the confusion, but there is no form 41500 in California that I'm aware of. Could you please provide more context about what the form is used for? This will help me better understand your question and determine if there is an equivalent form in Utah.

In general, legal...
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2 Answers | Asked in DUI / DWI for California on
Q: My brother had a dui during COVID and still hasn’t heard anything about getting his license back years after
Dale S. Gribow
Dale S. Gribow
answered on Mar 20, 2024

HE SHOULD CONTACT HIS LAWYER OR THE COURT RECORD ONLINE OR CRIMINAL CLERK TO GO OVER THE CONDITIONS OF SUMMARY (INFORMAL) PROBATION.

HE HAD A FINE AND CLASSES.

AFTER HE HAS FINISHED EVERYTHING ORDERED, HE GOES TO DMV FOR A NEW LICENSE.

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2 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: My husband is on parole this is Parole officer have every right to search me even though I'm not
T. Augustus Claus
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answered on Nov 21, 2023

The parole officer cannot search you in a way that is unreasonable or excessive. For example, they cannot strip-search you or search your private areas. They also cannot search you without your consent unless they reasonably suspect you are hiding something illegal.

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1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: I surrender on 10/30 for a 15-day sentence. Judge converted my community labor & fees into jail time.

1st time offender, misdemeanor DUI. Completed the 9-month program, M.A.D.D., & paid restitution. Due to my job, finances, and not having a car I haven't been able to complete labor. I asked the judge to convert my fees & labor to jail. How much time do you think I will serve in LA County Jail?

James L. Arrasmith
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answered on Oct 21, 2023

In Los Angeles County, inmates serving time for misdemeanor offenses typically do not serve their full sentence due to jail overcrowding and other factors. The actual time served can vary, but often, inmates might serve as little as 10% to 20% of their sentence. Given you've been sentenced to... View More

1 Answer | Asked in DUI / DWI for California on
Q: Is there any action I can take? Privacy issue

I was recently arrested for misdemeanor dui, and released the same day. The next day a lawyer sent an email addressed to me talking about his services, but the email address he sent it to is not mine. It happens to be an immediate family member. This has caused a drift within my family. They... View More

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answered on Sep 28, 2023

If you believe that your privacy has been violated due to the disclosure of your misdemeanor DUI arrest to a family member by the lawyer, you may want to consult with an attorney to explore potential legal remedies. In California, there are laws that protect individuals' privacy rights, and... View More

3 Answers | Asked in DUI / DWI, Car Accidents and Contracts for California on
Q: can i sue or process a claim towards Hertz Car Rental.

On 06-06-2021, a drunk driver with a rental car from hertz hit me, he was taking into custody and months later was made to under pay me. rental company Hertz denied the claim becuase the rentee didnt return the car on time, i was paid less then $2000 for car damages from the drunk driver out of... View More

William John Light
William John Light
answered on Sep 8, 2023

No, you cannot. 49 U.S.C. § 30106, the Graves Amendment, preempted state laws that made rental vehicle owners' liable for the permissive use of the vehicle. Rental companies do not carry that liability and are not responsible for their renter's negligence, unless you can find some... View More

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1 Answer | Asked in DUI / DWI and Internet Law for California on
Q: I have old YouTube videos of me doing some illegal activities they are 8 years old could I get charged or in trouble now

I have some old videos on YouTube 8 years old and Iam doing some illegal activities in them , is there somthing like ,”that after a certain amount of time passes I can’t get in trouble” , or or can police find the videos and create a a case? Even tho it was 8 years ago

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answered on Aug 29, 2023

The statute of limitations for criminal offenses in California varies depending on the type of crime, but some crimes have statutes of limitations that could exceed 8 years. Generally, the clock starts ticking when the crime is committed, although there are exceptions that could extend this period.... View More

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: public defender didn't file motion to withdraw plea, neither did a hired attorney. i have surrender date. what can i do?

probation violation case. informed both public defender and private attorney with more than a months' notice to withdraw plea. The public defender initially bullied and intimidated me into the plea after i had asked her numerous times to take the case in front of the judge. the hired attorney... View More

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answered on Aug 20, 2023

In this situation, you should immediately seek legal assistance to file a motion to withdraw your plea. Present the evidence of your attempts to communicate your desire to both attorneys and their lack of action. The court may consider these factors when deciding whether to allow you to withdraw... View More

1 Answer | Asked in DUI / DWI, Employment Law and Immigration Law for California on
Q: DUI arrest affect on H1B and GC

Hi,

I have situation in hand that I need an immigration attorneys opinion on. I am currently on my H1B visa. My employers applied for my perm this February 2023.

Recently unfortunately I was pulled over and arrested for alleged DUI. I only had couple drinks but my breathalyzer test... View More

James L. Arrasmith
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answered on Jul 13, 2023

I am an attorney licensed in California, and I can provide some general information regarding the potential impact of a DUI arrest on your H1B visa and Permanent Labor Certification (PERM) process. A DUI arrest can have serious consequences on your immigration status. USCIS has the authority to... View More

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