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California DUI / DWI Questions & Answers
2 Answers | Asked in Criminal Law, DUI / DWI and Family Law for California on
Q: I'm afraid I will be charged with child endangerment and neglect

I was a passenger of a drunk driver and also had 1 of my child in the back of the car. I already have Social Services calling me to see all of my kids. I had CPS case prior and been closed for years now. Will I be charged with child endangerment for being the sober parent that was in the passenger... View More

Thomas M. Fleming
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answered on Jul 10, 2023

It is very possible that you will be charged, depending on all the circumstances (including any prior neglect allegations). You should contact a good attorney asap in your area to analyze this further, with all the specifics. I wish you the very best with this situation.

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2 Answers | Asked in DUI / DWI for California on
Q: auto accident. Both parties @ fault. 1 blew .09 & suffered traumatic brain injury with memory loss.

we were just informed they will be charging her (mom) with the DUI and need to schedule an arraignment date. She still can not live on her own as she is not fully recovered (possibly will not ever be the same). We really don't know what to do from here

Thomas M. Fleming
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answered on Jun 26, 2023

You should retain a DUI lawyer immediately for your mom. Many blessings to you all.

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2 Answers | Asked in DUI / DWI for California on
Q: I was sentenced 5 years informal probation for dui. want to do the jail time instead I go to jail in a week,Next step?

Reason being to join army

David A. Simon
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David A. Simon
answered on Jun 14, 2023

Hi. This a good question. You have the right to deny probation and do custody instead. However, if you're already on probation that means you've already been sentenced. You need to consult a local DUI attorney about withdrawing your plea or being re-sentenced. Best of luck.

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2 Answers | Asked in DUI / DWI for California on
Q: How can I get my DMV mandated group sessions, etc reduced? It is now 18 months

2nd DUI. 1st was wet reckless 9 1/2 years ago. The court through a plea gave me a 3 month DUI education/group mtg requirement instead of the usual 18 months. Circumstances include I'm older, 69, wife died, financial issues, covid struck. DMV decided it would be 18 months instead. My lawyer... View More

Jeff  Yeh
Jeff Yeh
answered on May 24, 2023

Unfortunately, DMV operates independently from court. Because it is your second DUI (the wet counts as a1st), DMV will require the 18-month program. Therefore, if you ever want your license back, the SB-38 is what you will need to attend and complete.

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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

James L. Arrasmith
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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?

James L. Arrasmith
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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

James L. Arrasmith
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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

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?
James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

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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1 Answer | Asked in DUI / DWI for California on
Q: I got a DUI and am under informal probation. What happens if i get an underage drinking ticket not arrested just ticket?

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?

James L. Arrasmith
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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

7 Answers | Asked in DUI / DWI for California on
Q: I initially got pulled over running a yellow light then turn into a DUI. Can I fight the initial pullover dismiss the DU

Or fight DUI they forced a blood test telling me they can get a warrant for it.

Aaron R. Bortel
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Aaron R. Bortel
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...
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1 Answer | Asked in DUI / DWI and Traffic Tickets for California on
Q: Points off driving record

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

James L. Arrasmith
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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...
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3 Answers | Asked in DUI / DWI for California on
Q: DUI dating back to 2011. Should I wait the 10-year period?

LICENSE STATUS:

SUSPENDED OR REVOKED*

DEPARTMENTAL ACTIONS:

PRROF REQ: O/01-24-14 * TERM - - *

DRV LIC COMM- DISQ * * eff: 05-09-11 * THRU:05-08-12 * ORDER MAIL: 04-29-11*

AUTH: 15300A9* SERVICE: M / 06-19-15* STATE CALIFORNIA*

CONVICTIONS:... View More

Richard L. Grant
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Richard L. Grant
answered on Jan 24, 2023

If you have paid your fine, completed 3 yr or 5 year Informal Probation, completed alcohol classes, and completed Victim Impact Class (Mothers Against Drunk Drivers), you need to hire an Criminal/DUI Defense Attorney to file Motion to Expunge the DUI Conviction. I do them quite frequently where a... View More

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2 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: CA ATTY's :Is an SR22 start date the date of admin suspension received from the DMV or the date of court conviction?

Admin suspension effective March 20 2020. Date of court conviction 6/20/2022. Been carrying an SR22 since March of 2020 so the removal date would be Mar/April 2023 if it began at the DMV admin suspension. (All DMV fines and reinstatement fees have been paid)

Does the SR22 clock reset on... View More

Alison Lee Bermant
Alison Lee Bermant
answered on Jan 16, 2023

It is 3 years from the date you reinstated your driving privilege. You can always call the DMV Mandatory Actions Unit to confirm the exact date that happened.

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1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: If a judge makes a deletion to your "sentence" and probation for a DUI, how does the DMV get those records?

I wrote letter to judge and he "deleted" all applicable requirements, including probation. Also wrote No Addendum Needed.

Dale S. Gribow
Dale S. Gribow
answered on Dec 26, 2022

your underlying lawyer should be able to assist you.

however, please remember there are 2 separate entities and DMV does not have to follow the court, and visa versa.

1 Answer | Asked in Contracts, Criminal Law, DUI / DWI and Traffic Tickets for California on
Q: CA ATTORNEYS: Can an attorney assign or "refer" a case to another attorney without notification to the client?

What are the ethical obligations for client assignation and/or referrals?

Is contracted attorney required to inform client a different (non staff) attorney will argue and negotiate their case?

Details: small firm specializing in serious traffic cases. (DUI, felony speeding,... View More

Dale S. Gribow
Dale S. Gribow
answered on Dec 12, 2022

more info is needed.

many criminal lawyers have a provision in their retainer that they can associate with another criminal lawyer.

were the other lawyers from the same firm?

were they appearance lawyers just appearing to continue THE CASE?

in any event they could...
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2 Answers | Asked in DUI / DWI for California on
Q: Court order to install iid but I don't own a car the dmv approved my exemption can I my license back

Does that mean I can't get my license back untill I can buy a car?

Richard L. Grant
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Richard L. Grant
answered on Nov 28, 2022

Since the purpose of a License is to operate a vehicle, the vehicle you operate must have IID installed, you cannot get a restricted License until you buy a car with IID installed or show proof the car you will operate has a IID installed. If you seeking your license back for identification... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, DUI / DWI and Federal Crimes for California on
Q: I had a police officer cover up a felony hit&run didn't write a report or file 1.. did not arrest or dui test person

Responsible for causing 2 people injuries & 15000 property damage. Dmv was never notified no charges on person responsible.. I requested a report to be filed twice and police denied me.. now I can't take person to ourt to fix my totaled truck... if the tables were turned I'd be in... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 14, 2022

you should contact a local PI lawyer to guide you.

your lawyer should press the police and DA to file if there is evidence.

obviously, if you had insurance you would put it through that carrier.

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