Get free answers to your DUI / DWI legal questions from lawyers in your area.
I was visiting family in Oregon and Saturday night (April 9) I was pulled over and received a dui but I live in California and can’t travel back and forward. My court date was set for June 6, 2022 and I want to know if my case can be transferred to my county.
answered on Apr 12, 2022
No, you can't transfer the prosecution to a venue that is more convenient for you. You will need to either retain a lawyer or appear at your arraignment on June 6. At that appearance, your lawyer will appear on your behalf or, assuming you are there, you may have a public defender appointed... View More 
I didn't miss more than 5 , times i did miss class was due to work , which i did provide the requested proof (timecards via fax) had only 2 more classes until completion. Do i need to just make up my last 2 classes or will I need to do another entire 3 month program again? And where can I find... View More
answered on Apr 4, 2022
You should check with the program directly regarding admissions and attendance policies, they should be able to show you the regulations applicable to your situation, they also should explain the reinstatement process. Often, once a student has been expelled from the program they have to return to... View More
The Driver was only sentenced with 95 days in jail. Can the charge still be appealed to much longer sentence? If not, why is it only 95 days when the driver killed someone?
answered on Mar 30, 2022
If the driver passed drug and alcohol testing, the prosecutor may not have had sufficient evidence to successfully prosecute a DUI manslaughter case beyond a reasonable doubt so settled on a plea bargain to get a lesser criminal conviction (reckless driving).
That doesn't mean the... View More
I live in Orange County California and was sentenced to 60 days jail for a DUI charges. I got accepted to a house arrest program and was supposed to prebook a few days ago. I was feeling kind of sick but I went anyways, at the jail I got tested for covid and told to go home and so need to... View More
answered on Mar 11, 2022
You can either hire an attorney or call the PD that represented you and ask them to add it back on at the courthouse. Show the judge your COVID test or let them know the jail sent you home for COVID. The Judge will most likely give you a new turn in date. Or you could go do this yourself but be... View More
If I want to request both felony to misdemeanor and misdemeanor to infraction, should I indicate “yes” in both 17(b) and 17(d)(2)? Or mark one of them and defer to #8 and advise the judge?
answered on Mar 4, 2022
Unfortunately a DUI cannot be made an infraction as that is not authorized by statute so even if you ask yes the judge cannot grant that request.
Is this a 2 part process? Felony to misdemeanor then misdemeanor to infraction?
answered on Mar 4, 2022
It is a two part process but fortunately the form includes this language: 8. Petitioner requests that the eligible felony offenses listed above be reduced to misdemeanors under Penal Code section 17(b)
and eligible misdemeanor offenses be reduced to infractions under Penal Code section... View More
entire home has electronic surveillance. without permission from home owner.
answered on Mar 3, 2022
IF I UNDERSTAND IT, AN PI ENTERED A RESIDENCE WITHOUT PERMISSION AND SET UP RECORDING DEVICES?
I WOULD REPORT THEM TO THE POLICE; CONTACT A LOCAL LAWYER ABOUT SUING IN SUPERIOR CT AND/OR SUING IN SMALL CLAIMS COURT...IN ADDITION TO GOING AFTER THEIR LICENSE WITH THE LICENSING ENTITY.
answered on Feb 23, 2022
Unknown. Every state is different. I suggest you consult with an attorney in Kansas to find out if it can be done.
I have no other tickets, problems with the law and no driving restrains currently. I have been working for this company for 3 years and they decided to give me the chance to use a company car instead of using my own for work related drives.
answered on Feb 16, 2022
More info is needed.
2 DUI’s within 10 yrs is a problem.
You will have a suspended license for 30 days or so and possible time in custody or home arrest with ankle bracelet and probably a tube you have to breath in to start your car.
If they know about your record, if I... View More
Pulled over, detained, and gave two BAC’s. Was .29, cops let me call my mother and she picked me up. Took license and gave me the 30 day slip. That was February 19, 2021. Fast forward, still no court date, still nothing. My boyfriend did the legwork and was able to find me the resources to get my... View More
answered on Feb 9, 2022
The good news, if there is any, is that you are really close to the Statute of Limitations running (assuming this is a first offense without and accident causing injury). In a misdemeanor prosecution, the prosecution has 1 year from the offense date to file charges, once the filing deadline has... View More
From what it sounds to me is they keep giving my brother the run around. my brother hasn’t been able to talk to his public attorney or hasn’t seen one. He set bail last week but haven’t released him, he just sitting there waiting to hear something from someone. Is this legal?
answered on Feb 8, 2022
more info is needed.
it would be very unusual for someone to be in custody that long for a simple first appearance DUI without accidents, priors, major injuries....etc
some info is not being relayed to us!
at his 1st appearance, the court would have appointed a public... View More
answered on Feb 4, 2022
MORE INFO IS NEEDED
YOUR ATTORNEY WOULD BE THE BEST PERSON TO DISCUSS THIS WITH AS HE/SHE KNOW THE LOCAL JUDGES AND DA.................THEY ARE MOST LIKELY TO BE AWARE OF THE SCHOOL CLOSING.
answered on Jan 28, 2022
more info is needed.
is it a position that requires driving?
are you sure they will run your record?
expungement of DUI is not like expungement of most criminal matters.
though expunged with the court, it will probably still be on DMV record.
it is... View More
He has never violated his probation. Has never missed a court date. Paid all his other court fees. Done his community service and dui programs. His probation ends in a month or two. He hasn’t had a job in a year and had to borrow money from his mom to pay off the restitution. Do you think the... View More
answered on Jan 26, 2022
more info is needed.
however, there is no way to know how the judge will evaluate the facts.
some judges "might" let him slide and others would say paying it off after not paying for 6 months is a clear violation of probation....if I was a betting man I would look at the last evaluation.
Details - Driving home they lost control and hit a tree 100 yards from residence. Neighbor heard accident and called chp. Friend pulled away from tree and parked in front of home. Friend got out of truck and went into residence. Mad, pissed, and a little rattled, said friend decided to self... View More
answered on Jan 17, 2022
You should reach out to the lawyer that has been retained, request a meeting to discuss the facts, evidence and path forward. If the lawyer won't meet then obviously there's a problem, it's time to start looking for a new lawyer.
My car has no power steering and i was driving in a residential neighborhood and was unnoticed when my vehicle broke down and wouldn't start. I tried pushing it out of the road with no luck. (Took 4 officers)
I proceeded to call friends i was gonna meet with that evening to celebrate... View More
answered on Dec 29, 2021
MORE INFO IS NEEDED.
FOR A DUI, IF THERE IS A KEY IN THE IGNITION OR ENGINE THAT IS WARM FROM RECENT USE, THAT IS USUALLY ENOUGH. THERE WAS EVEN A COURT CASE WHERE A GUY WAS PUSHING HIS MOTORCYCLE WITH THE KEY IN IT AND IT WAS DETERMINED TO BE ENOUGH FOR DRIVING.
HOWEVER, WHAT IS... View More
answered on Dec 24, 2021
No, the DMV will not let it go. But you can call their Mandatory Actions Unit at (916) 657-6525 to find out what you have to do to restore your driving privilege. Good luck.
DMV claim I can’t renew class A license for another 6 months due to interlock device they gave me 2 options #1 pay cdl renew fees get a car on you name sr22 instal interlock device and dont drive vehicle for six months option # 2 if you want to drive now give up class A and downgrade to class C... View More
answered on Dec 23, 2021
You will need to speak with a lawyer who regularly handles DUI cases and has a lot of experience with them. You will also need to provide a lot more information along with all the documentation you received regarding the citation you received. It is difficult to give good advice in this forum due... View More
I signed paperwork to complete a SBA mortgage loan and said NO that I had never been arrested. After sending in the documents, but before closing, I was arrested for DUI. Should I amend my paperwork? I don't want to knowingly mislead, even though at the time I signed there was no problem. It... View More
answered on Dec 6, 2021
Of course the devil is in the details, what you signed and how it is phrased, generally if everything your answered was true when you signed the document you should be fine. You might check with your realtor for an additional opinion.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
