Get free answers to your DUI / DWI legal questions from lawyers in your area.
I'm concerned about privacy issues, and so on. Are daily lists typically available from the court web site, or do you use a service to collect daily arrest info?
answered on Jul 30, 2021
I DON'T DO IT BUT I BELIEVE THERE ARE SOME COMPANY'S YOU CAN PAY FOR A LIST OF CURRENT ARRESTS.
SOME LAWYERS WILL THEN SEND ADVERTISEMENTS TO THEM.
answered on Jul 26, 2021
It generally depends on the jurisdiction what the ultimate outcome will be, but it also depends on whether you are charged with gross vehicular manslaughter (which is a 10 year maximum sentence) or regular (which is a 4 year maximum sentence).
On the morning of July 4th, I was pulled over and arrested for a DUI (BAC approx. 0.1, also took blood as well). I was released without a jail stay, but was still given a court date and an APS slip, and was told to contact the DMV regarding the details. I forewent a hearing and instead started... View More
answered on Jul 21, 2021
First, you are not in suspension based on the arrest. Your DUI Suspension begins on the 31st day after the arrest so your legal to drive. It will show up when it goes into suspension. If you want an immediate restriction, and this is a first, get the IID installed, sign up for the alcohol education... View More
This is meant to clarify my previous question which Dale S. Gibow was kind enough to answer. Thank you.
I think his answer told me yes because my breathalyzer was voluntary but i wasnt arrested after doing field sobriety tests and breath test. I apologize for not fully comprehending the answer.
answered on Jul 5, 2021
If you aren't arrested, there are no legal grounds for requiring a blood test as "implied consent" is triggered upon arrest. If you are arrested, you must consent to a sample of your blood or breath, if you don't the officer can request a search warrant and obtain a sample or... View More
I rear ended a car that was stopped on a dark part of a highway with its lights off in Half Moon Bay (San Mateo county). The other driver just screamed at the top of her lungs until she was in an ambulance. Paramedics told me shes perfectly fine, just in shock. Naturally they suspected i was at... View More
answered on Jul 3, 2021
the field sobriety tests in California are optional.
the Breath test at the scene is optional.
however, you then have a choice of Breath or Blood, usually at the station or hospital.
California no longer uses Urine testing.
if you refuse that last test, then they can... View More
I was doing donuts in an empty cul-de-sac next to a dirt lot at 2am, the CHP office was pretty close by which is how the got me because my car was really loud and the only one on the road at the time. After I had my fun I start heading home and drove past the office, I see a cop car waiting for me... View More
answered on Jun 28, 2021
The expired tags and no insurance can be added after the fact to the criminal complaint filed by the DA's office but they are infractions and easily correctable ($25 fix it ticket.).
The reckless driving will count 2 points against your record with the DMV just like a DUI.... View More
I answered no questions and with my balance problems sobriety checks make me appear intox so i dod not give them,that evidence. Any advice it would be most helpful
answered on Jun 28, 2021
Hire a skilled and experienced criminal defense attorney.
Drug related DUI's are more difficult for the DA to prosecute because there are no set standards regarding the level of the MJ in your system for a presumption that you were under the influence unlike alcohol related DUI's (.08).
Sorry for condensed above. I don't know if I have to put convicted of 23152ab or my plea shows pled not guilty.. nolo contendere. Then shows I was assigned probation. I just want to input everything correctly
answered on May 17, 2021
A nolo or no contest plea is the same as a guilty plea for purposes of a criminal court. So you must divulge it. Depending on what County you were convicted in, you would be on either a three year or a five year probation. Most probably you were convicted of either 23152 (a) or 23152 (b), not both.... View More
What options does he have,he was assaulted by the arresting officer
answered on May 5, 2021
MUCH MORE INFO NEEDED.
IS 11/18 .......2018?
BECAUSE YOU HIRE A LAWYER DOESN'T MEAN YOU WILL GET OFF FROM THE CHARGES. A LAWYER FORCES THE DA TO MEET THEIR BURDEN OF PROOF. WHETHER THE CLIENT DID THE ACT OR NOT IS NOT THE ISSUE. IT IS WHETHER THERE IS ENOUGH EVIDENCE TO... View More
Resisting arrest of executive officer (pc69) what is the worst thing can happened to him or what can he do to reduce charges
answered on Mar 4, 2021
PC 69 is either probation and some jail or 16 months, 2 years, or 3 years in prison. The other charges are about 0 to 30-45 days typically.
Good Luck!
my privilege to drive has been suspended for 21 years by dmv for a second dui despite i paid for my crime in jail and through fines etc. I'm in the classes dmv wants but i need something to be able to drive now . i'm desperate im the only one providing for my family due to covid. I work... View More
answered on Mar 4, 2021
I am sorry that you were going through this. In general they will not you apply for it driver's licence until you complete the dui class. You can call or go to your nearest driver safety office which is part of the DMV and ask them if there's anything you can do.
Good luck.
After googling I found it’s a year but I wanted to be 100% sure because today marks a year and I don’t know where to go from here:
answered on Mar 1, 2021
Assuming you're correct and it's a misdemeanor, the statute of limitations is one year from the date of arrest. You should call the court and confirm that no charges have been filed, tomorrow.
answered on Feb 8, 2021
No. Not unless there was a gun involved or an unlawful sexual act.
boyfriend remanded to jail his charges felony driving under the influence of drugs with designated prior conviction misdemeanor possession driving with privilege suspended for prior DUI conviction and misdemeanor possession which one case is a prop 47 which is the possession charge his early... View More
answered on Feb 6, 2021
It is not your job to be his PD. The pd has years of experience. If you are not trying to hire him private counsel, then just let them do their job.
Ps A felony DUI has mandatory jail and or prison time.
Good luck
First DUI with BAC .09%. Due to COVID, i never saw my attorney or got the opportunity to appear in court. Questions and concerns often went unanswered and I was often told "don't worry about that right now". I knew I was being offered a plea deal of wet reckless, but wasn't... View More
answered on Feb 3, 2021
There is only a small difference between a dui and a "wet reckless." Some Counties don't give out what you got. You didn't get a horrible deal, nor a great one.
14 months ago I was WRONGFULLY arrested for DUI of RX medications (under supervision of all DOCS involved) 100% PASSED EVERY field sobriety test performed and was still arrested. I am a 63 yrs old female and a business professional my entire life, mostly for CVS pharmacy, rarely drink or a parking... View More
answered on Jan 21, 2021
MORE INFO NEEDED
I WOULD GO BACK TO COURT TO REQUEST A PD AGAIN..... I WOULD TALK TO JUDGE AND TO THE PD TO SEE IF THEY CAN HELP.
I SUSPECT YOU DID NOT DO AS WELL AS YOU THINK ON ALL FST'S
EXPLAIN YOU ARE 9 M0'S LATE ON RENT AND CONSIDERING BK AND CAN'T AFFORD... View More
I was convicted of a DUI in May of 2019 and I've already completed my alcohol classes, my community service, MADD, paid all my fines, and had a restricted license and a breathalyzer for 6 months so now the DMV reinstated my full license. The only thing I have left to complete is my Hospital... View More
answered on Jan 7, 2021
Yes. You may make a motion to the court to modify your sentence.
Can this be thrown out .
answered on Jan 5, 2021
If that actually happened, they would lack any realistic chain of custody and certainly would assist your attorney in having any result excluded. However, there are other ways of proving you had too much to drink. Best to hire an experienced DUI trial lawyer to assist you.
Administrative hearing found her guilty of denying chemical test even though she did not refuse urinalysis. PD stated "they were not set up for that"
DL suspended for 1 year
No court date set by DA
answered on Jan 1, 2021
In general, no. The PD cannot handle DMV hearings, at least typically they don't. The DMV rules based on the police reports. It looks like
answered on Dec 30, 2020
No. Unfortunately, they don't need to drop the charges.
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.