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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.
shouldn't it just be one or the other?
answered on Apr 20, 2022
More info would be helpful.
yes, a DUI is sometimes reduced to a reckless driving.....it can be a straight reckless with no mention of
alcohol (DRY) or a DUI reduced to a reckless (Wet).
My brother was caught in a situation where he was then involved in the investigation. Before the cops had came he had already pulled over at a gas station and was parked. The cops then came and did their questioning. When they pulled him up into the system they saw he had a suspended license &... View More
answered on Apr 18, 2022
tell him to get an atty asap..........he is in the wrong.
sounds like a hit and run;
however, a lawyer may be able to present a reasonable explanation to the court.
I feel they were in the wrong ( i explained all this in my first question....
The thing is my DUI will be 10 years old this June 2022 ... And i went to the court and DUI liaison for my options but got the run around and i eventually just forget about rectifying it but i now have come in to... View More
answered on Apr 13, 2022
Unfortunately, the DMV requires you to enroll and complete a 3 months DUI program (AB541) in order to get your license back. You can request from the court that they let you re-enroll into the program so you don't have to start all over but if 10 years has passed, I'm affraid they might... View More
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.
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