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
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.
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
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.
I wrote letter to judge and he "deleted" all applicable requirements, including probation. Also wrote No Addendum Needed.
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.
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
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... View More
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
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.
as evidenced against driver 1 with out pedestrians 1 consent or knowledge pedestrian 1 never gave his statement or talked to anybody about the accident.
answered on Oct 14, 2022
The short answer is sure, if she or someone authenticates the photos, and it is used in a DUI criminal case. If you are the accused, you should get an attorney and consult with the attorney about this. I wish you the very best.
My sister was at Yosemite and she was caught passed out drunk in her vehicle. They want to charge her the following: CHARGE: OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL, OR A DRUG, OR DRUGS, OR ANY COMBINATION THEREOF, TO A DEGREE THAT... View More
answered on Oct 4, 2022
Hire a lawyer and fight the charge. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
to avoid a trial. Prison if lost trial. Agreed to 3rd felony DUI. TMI. Issue. I wasn't pulled over. Not driving when arrested for DUI. DUI last Friday night. SO GUT SICK MAD SAD... Any suggestions or advice Thank yyou so much.
answered on Sep 27, 2022
I'm sorry you've going through all this. Since the public defender represented you, start there and ask another attorney to take a second look at this. If you received ineffective assistance of counsel, for example, then you may be entitled to a new trial. If that is the case, however,... View More
Completed a five month IOP and still continue to attend even after completion.
Have been on SCRAM for 5+ months (got on one week after the arrest)
Got a “set aside” (from what I understand that is a win for the DMV hearing)
Have hired a good seasoned DUI lawyer... View More
answered on Sep 17, 2022
the best advice any lawyer on this site can give you is to listen and follow the advice of your current DUI lawyer who hopefully practices often in that court.
that fact that you got a set aside on DMV suggests either a problem with the case OR you have a very good DUI... View More
I got two papers in the mail, one is the form CCP 1013a, and the other one is what I'm confused about. It states "Notice of Decision", "Results of the Proceedings" indicating the two criminal charges I have are "I dismissed. Reason: Correction" It also has... View More
answered on Sep 15, 2022
Not sure what your question is regarding, however, if you have a DUI, you speak with a local attorney to represent you in court and before the DMV. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should... View More
Sobriety test with what we later discovered after going to the hospital he had a broken neck and broken discs in his back
answered on Sep 13, 2022
You should definitely talk to a DUI defense attorney, there are issues here to investigate. Obviously any coordination test performances will be affected by the injuries suffered by your son in the accident. Depending on the timing (and type) of the chemical test, hospital treatment can also... View More
The case holds no evidence other then verbal, was not notified of bench warrant and fines have been paid. I'm a single mother who would love some assistance or anything at this point.
answered on Sep 10, 2022
This likely belongs in the criminal law section instead of products liability. You can usually get a free attorney (public defender) for free if you cannot afford an attorney. There are also some self-help programs at the courts.
the car they found drugs and drug perifenilia. we are almost done with the case but the cps lady asked me if i wouldnt minds taking a drug test every so often even though i was not involved in any way wat so ever. the night it happened i was in bed sleeping. i said yes but she sent me the papers... View More
answered on Aug 25, 2022
THE PERSON WHO WOULD HAVE ALL THE INFO IS THE ATTORNEY FOR YOUR FIANCE.
DID HE PRESENT AN ILLEGAL SEARCH AND SEIZURE ARGUMENT? WHAT DID SHE PLEAD TO?
I AM NOT SURE HOW THEY WOULD HAVE JURISDICTION OVER YOU...........
DID YOUR FIANCE SAY IT WAS NOT HERS AND THAT IT WAS... View More
I'm looking for an experienced attorney who can advise me on the best strategy given the following inputs:
- Had a 1st time DUI in Monterrey country (CA) in July 2020 (no injuries, no accidents but 0.17 BAC)
- Lost the Monterrey court in Sept 2021 but made an appeal which is... View More
answered on Jul 18, 2022
It appears as though you have been convicted of DUI. You must have a decision/order/judgment from the court to indicate that you were convicted. In any event, you have appealed this conviction and the outcome of that appeal may take a while. However, for argument sake, let us say that your... View More
Was out of probation time when 2nd dui happened.
DA sentenced 2-3 years max in prison
Courthouse is GORDON D. SCHABER COUNTY COURTHOUSE
Public defender made the person take a deal for 6 months in county jail and 1 year in state prison. There are people doing less time with... View More
answered on Jul 11, 2022
the answer is IT DEPENDS.......................
A LOT OF FACTORS AFFECT SENTENCING.
PRIORS ARE JUST ONE OF THEM...............ALSO
WHAT COURTHOUSE, WHAT JUDGE, WHAT DA, WHO IS THE DEFENSE LAWYER, HOW FAR IS HE/SHE WILL TO PUSH THE DA AND COURT (AND KNOWING HOW FAR THEY CAN BE PUSHED)
answered on Jul 5, 2022
Yes, you will need to get SR-22 insurance and meet any other requirements that were in place following your suspension for DUI. You could contact DMV Mandatory Actions at 1.916.657.6525 to determine what steps you need to take to reinstate your license.
answered on Jun 16, 2022
more info is needed.
what is your question and does it relate to DUI?
Got arrested April 17,2022 for a DUI with a .08. No DMV hearing yet, court date August 9, 2022 I am a licensed Life and Health agent, and it Looks like one of my health insurance carriers that I write busines with says my CA resident license is not active and suspended. Can they do this?? is this... View More
answered on May 30, 2022
I am unfamiliar with the California Resident License, that being said, the issuing agency may have authority to withdraw or suspend the license when a licensee is arrested. You should contact the licensing agency and ask about the process to get reinstated.
completed alcohol classes there. now 11 years later CA has suspened my license for that 2011 dui, claiming its been suspended for 11 years! retro deated. Ive lived in other states and had licenses and moved back to CA in those 11 years and currenly have a valid CA license. i need help
answered on May 29, 2022
You probably received the DUI on your CA license in another state, that state finally reported the conviction to CA, CA updated it's records and has suspended you effective to the date when you were convicted. You probably do not have a valid license at this time, you will probably have to... View More
Hi my fiance was arrested for 2 warrants for DUI misdemeanors and one county is saying no bail and the other has a bail for 30,000 what does this mean?
answered on Apr 27, 2022
It means that on one warrant she can post bail, on the other she must appear in court before bail will be considered. You should contact a local lawyer to discuss the cases and possibly appear and argue for bail in the "no bail" case.
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