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California DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for California on
Q: What you need to take to court for a certified minutes order
Dan Moseley
Dan Moseley
answered on Dec 2, 2021

Your wallet, as courts normally charge for certified copies of records. A minute order is a record of the court's decision in a case. If the decision was made in a public proceeding, there should be no other requirements for a certified copy.

1 Answer | Asked in DUI / DWI, Criminal Law and Constitutional Law for California on
Q: charged with dui alcohol but then changed to just a dui then to public intoxication after DA took over made it s case.

was detained&searched twice inside police department&outside police department&illegally searched my purse without my consent&purse was left outside after being searched which they lost &all property inside purse never givin back or wallet never put in to property 2 officers... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 20, 2021

much more info is needed.

make an appointment asap with a local criminal atty.

A Miranda warning is only necessary if they are going to question you.

a DUI is the same as DUI alcohol............

did they file for the other criminal violations? if so they would not be...
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2 Answers | Asked in DUI / DWI and Car Accidents for California on
Q: Its my first time getting a DUI, I dont know what to do and need help but have no money, can someone help me please

Or send me to someone that maybe could. My English isnt that strong. I got my DUI 10/23/2021 on Baily Rd. Bay Point, Ca. A car had stopped infront of me and I didnt break in time good enough and hit the vehicle infront of me no one hurt.

John Karas
John Karas
answered on Nov 17, 2021

If you don't have any money to pay for a private attorney to represent you, at your arraignment where you plead no guilty ask for a Public Defender to be appointed.

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3 Answers | Asked in DUI / DWI for California on
Q: I got a 4th DUI in OC; how may I get into the OC DUI court system when I do not live in OC county?
Jennifer Diem-Trang Le
Jennifer Diem-Trang Le
answered on Nov 12, 2021

Is it possible for you to move to OC? You are correct in that you must reside in OC in order to be eligible. If you are not able to do so, there are other options to resolve your case successfully, but not with this limited amount of information.

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2 Answers | Asked in DUI / DWI for California on
Q: I live in san Bernardino county and I got a 4th DUI in orange county; how may I get my case heard in DUI court?
Dale S. Gribow
Dale S. Gribow
answered on Nov 12, 2021

more info is needed.

a case is heard in the jurisdiction in which the act took place....in your case OC.

i don't practice in SB ...but in Indio, the DUI's are in the same courtroom as other criminal offenses.

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4 Answers | Asked in DUI / DWI for California on
Q: Can international law help me protect my rights against a DUI case in Southern California?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Nov 9, 2021

How do you think international law help defend your case? Generally, when you visit or are a resident in a country you agree to follow the laws of that country, especially the laws relating to activities that are criminal.

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2 Answers | Asked in Divorce, DUI / DWI, Estate Planning and Real Estate Law for California on
Q: Need financial help to get my divorce or find a probono family divorce attorney I been messed over by my wife and she

Messing my life up please some one help me

Dale S. Gribow
Dale S. Gribow
answered on Nov 6, 2021

YOU ARE POSTING THIS ON A DUI WEBSITE.

REPOST ON FAMILY LAW AND INDICATE CITY NEEDED.

ALSO CONSIDER LEGAL AID IN YOUR AREA.

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3 Answers | Asked in DUI / DWI for California on
Q: i have a drug dui, but on my blood sample it is dated the day before my arrest ? it just seems like it might not be mine

would it be a reason to get that evidence throw out?

Dan Moseley
Dan Moseley
answered on Nov 4, 2021

Yes, the wrong date could indicate the test result is not based on your sample. But it could also be a clerical error of lesser impact. In either case, there are many ways that a drug test can become tainted and unreliable as evidence of guilt. You may want to discuss the matter in greater... View More

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1 Answer | Asked in DUI / DWI for California on
Q: If after arrest for 2nd dui, I forgot to mention I drank after driving, is there a way to fight it?

I got in an accident not at fault right by my house. I went home to check in before the police arrived. I was in shock and had a couple shots to calm my nerves not thinking I would be breathalyzer since I wasn't at fault. I know stupid. When giving police report I mentioned I had a couple... View More

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Nov 4, 2021

The statements, regardless of whether they are included in the police report, will likely not affect the charges you face, nor the settlement offers you receive. You should probably contact a local DUI defense attorney to discuss the best way to proceed in your case, they can help you develop the... View More

4 Answers | Asked in DUI / DWI for California on
Q: Should I reinstate my license at first opportunity or wait for my court date?

My DMV 4-month suspension for a first time DUI charge will be concluding here in December. I’ve been driving with an IID restricted license since August and will be concluding a 4-month DUI class next Saturday, thus I should have all the prerequisites for reinstating my full license. However, my... View More

John Karas
John Karas
answered on Oct 31, 2021

The DMV action taken against your license is independent of the DUI criminal case. If you're eligible to have your license re-instated by the DMV, there's nothing to prevent you from doing so.

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3 Answers | Asked in DUI / DWI and Traffic Tickets for California on
Q: Admitted to drinking and driving but passed sobriety test. can the judge change his mind and sentence me?

Involved in a single car accident, nobody was hurt. i admitted to the officer that i had a drink that night. he gave me a field sobriety test and i passed, he said “i’m not being arrested for DUI” i got a infraction for an unsafe lane change. the officer didn’t do any blood work or... View More

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Oct 28, 2021

If there's no chemical test it's very difficult to prosecute you for DUI, especially if you passed the FST's. If you want to fight the infraction, have at, it would be difficult for anything to be added to the case.

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1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: Do I need to get a private attorney? Without one am I am any trouble?

I’m a 23 year old from California , I recently violated my court probation. I violated it with a “spectating ticket” For watching an illegal motor vehicle contest.

My original conviction that got me on probation was a dui back at the beginning of 2020.

My record is clean... View More

Dale S. Gribow
Dale S. Gribow
answered on Oct 11, 2021

more info is needed

it is always best to have an attorney.

however, if you can't afford one the court will appoint the public defender on any criminal case.

the reason fees are so high is that most cases are not resolved with one appearance.

Covid has caused all...
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2 Answers | Asked in DUI / DWI for California on
Q: Can a lawyer appear to Court on my behave at my initial appearance?
Dale S. Gribow
Dale S. Gribow
answered on Oct 8, 2021

more info would be helpful...........but for most misdemeanors, a lawyer can appear under 977 on behalf of a defendant (not for a domestic violence in Indio)

for a felony, the defendant has to appear

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1 Answer | Asked in DUI / DWI for California on
Q: California DMV DUI hearing, my license was revoked for 1 year. Can I get a restricted license

At my California DMV DUI hearing, my license was revoked for 1 year, due to the fact the officer stated I refused a blood test (though 100% false. Regardless is there any way for me to get a restricted license for work, medical, food, and transporting my children to/from school?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Oct 6, 2021

No, a finding of refusal by the DMV results in a one year "hard" suspension, you should have been advised of that possibility when you were offered the test.

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Do I need to get a lawyer?

I violated my court probation by “attending a illegal motor vehicle contest” they gave me a ticket for spectating.

My original offense was for a dui. Which occurred at the beginning of 2020.

- I was within 300 feet when the police stopped me, but they had the whole intersection... View More

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
answered on Oct 5, 2021

As part of your probation you were told to "lead a lawful life", this is potentially a probation violation. That being written, you probably have nothing to worry about regarding a probation violation, however you can contact a local criminal defense attorney (or maybe the one you hired... View More

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2 Answers | Asked in DUI / DWI for California on
Q: I’m now outside of the US I have two dui on my record I didn’t finish the court Situation is it a felony now a
Dale S. Gribow
Dale S. Gribow
answered on Oct 4, 2021

MORE INFO NEEDED.

IF THE 2 DUI'S WERE MISDEMEANORS THEN THERE ARE STILL 2 MISDEMEANORS WITH BENCH WARRANTS FOR A VIOLATION OF PROBATION....IF YOU ALREADY PLED OR WERE FOUND GUILTY.

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1 Answer | Asked in DUI / DWI for California on
Q: My fiance has a interlock in his car. It showed alcohol when he did the sample, both times were from hand sanitizer I..

Think they were both under .02 because it still passed him and was green. Does he have to worry about this when it gets reported to DMV. Will this be a problem? He doesn’t have to report to a probation officer..I’m just worried because his job requires him to have his drivers license.

Dale S. Gribow
Dale S. Gribow
answered on Aug 30, 2021

MORE INFO NEEDED

IF CONTACTED BY DMV YOU WOULD WANT A DECLARATION UNDER PENALTY OF PERJURY THAT IT WAS FROM HAND SANITIZER

3 Answers | Asked in DUI / DWI for California on
Q: If someone had a DUI in another state, and then gets another DUI in California, what would most likely happen?

.

Mr. Richard Orville Middlebrook
PREMIUM
Mr. Richard Orville Middlebrook
answered on Aug 25, 2021

Generally, a DUI within 10 years anywhere in the United States is chargeable as a prior so long as the law in California is substantially similar to the state of conviction. California is a “movement” state requiring a vehicle be moved to meet the driving requirement. Some states, are control... View More

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1 Answer | Asked in DUI / DWI for California on
Q: How can I avoid being falsely charged with an underage DUI of blowing above .01? [Vehicle Code: 2314(a)]

I was pulled over after not completely stopping at a stop sign and then was under DUI investigation because I had just picked up my drunk friend from a friends house. I complied with all the CHP’s orders and denied drinking all together except for the night before (approx. 9 hours before the... View More

John Karas
John Karas
answered on Aug 16, 2021

Nyquil contains 10% alcohol. The law doesn't make a distinction what the source of the alcohol was, just that you had it in your system.

Your first course of action is to request a DMV hearing within 10 days of your arrest. Otherwise, your license will automatically be suspended for...
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2 Answers | Asked in DUI / DWI, Employment Law and Employment Discrimination for California on
Q: I was let go from a job due to disclosing personal information regarding a DUI, I believe I was discriminated against

I worked for a group home for foster children. My role in the agency had nothing to do with driving (especially since it was during the shutdown and pandemic of 2020) I handled all meetings and company purchases online. In fact, all children at the agency which they claimed I would have to drive... View More

Neil Pedersen
Neil Pedersen
answered on Aug 14, 2021

Your headline question says you were let go but your post says you quit. Big difference.

There would have been nothing unlawful about your employer terminating you because of your DUI even if your job did not involved driving. Furthermore, your employer would have had the right to...
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