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California DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for California on
Q: What are sentencing possibilities for this situation?

My son got 3 DUI's and did a 3yr term.he has been driving on a suspended license and he was pulled over, his buddy had thrown his cigarette out the window, which got him pulled over. He had a beer earlier he blew 0.08 which is the legal limit but,the DA is trying to give him another DUI, and since... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 7, 2019

much more info needed.

he should ask this question to his private lawyer or the court-appointed lawyer.

s/he will have his record, year of convictions, and know what the local court and DA will do with a case like that.

anything is possible but the more DUI's the worst it...
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3 Answers | Asked in DUI / DWI for California on
Q: 3 priors, sentenced ,& now blew 0.08. wondering what he looking at for sentencing WithNo tolerance law,

Could this be dropped to wet/reckless?

Dale S. Gribow
Dale S. Gribow answered on Oct 6, 2019

much more info is needed.

what you are doing is like asking a doctor to diagnose a condition without history, blood tests, imaging etc

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2 Answers | Asked in DUI / DWI for California on
Q: Can I get a pro bono lawyer on a dui charge??

I'm unemployed, can't afford to post bail or a lawyer.I don't think s public defender will have time to give.to my case, there's some issues with arrest. 1,I wasn't stopped, I was parked, had.blood test done hours after arrest ,some others

Dale S. Gribow
Dale S. Gribow answered on Oct 6, 2019

YES

as long as you can't afford a lawyer the court will appoint the public defender to represent you.

as a rule, they are a LOT better than a CHEAP lawyer that you may find...often better than an expensive lawyer too

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3 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for California on
Q: When you are a victim of hit-n-run and you I D the other car but no "injury" why is that only a misd?

Victim- good driver

Suspect- drunk driver gets away

Vehicle- total loss

William John Light
William John Light answered on Oct 1, 2019

Hit and run with property damage only is a misdemeanor by statute. Vehicle Code section 20002(d).

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4 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for California on
Q: Is an accident itself probable cause to administer a breathalyzer? When officer arrived on the scene after it happened?
Dale S. Gribow
Dale S. Gribow answered on Sep 21, 2019

the accident just gave the police a reason to be there........THEN when they smell alcohol, see a bag of drugs or a lifeless body in the car they can investigate.

i assume the police report will show the smell of alcohol, poor coordination, red eyes, slurred speech etc.

if so they...
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2 Answers | Asked in DUI / DWI for California on
Q: 2009 i got a dui and 10 years later i wanna take care of my classes so what steps do i need to do first or take
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Sep 16, 2019

Call Mandatory Actions 1.916.657.6525, they can tell you what you need to do to get reinstated. You probably will need DUI School, SR22 insurance and pay some fees. You might check with the court, if a proof of completion for the DUI program wasn't filed you might have a warrant.

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2 Answers | Asked in DUI / DWI for California on
Q: I got a DUI in Arizona and I live in California. I am trying to get a restricted license to drive in California.

I completed the admin per se for Arizona but they said it's only for Arizona

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Aug 30, 2019

Right, you probably will have to enroll in the CA DUI program, call Mandatory Actions in Sacramento they call tell you what needs to be done, 1.916.657.6525

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1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: I JUST FOUND OUT I HAD 2 WARRANTS. IF I GO TO THE COURT CLERKS OFFICE HOW LONG DOES IT TAKE TO PUT ME ON THE CALENDAR?

I LIVE IN SAN DIEGO CA AND 1 IS FOR A DUI TICKET AND THE OTHER IS A TROLLEY TICKET. BOTH ARE MISEDEAMANORS AND OVER 8 YEARS OLD. I HAVE NOT BEEN IN ANY TROUBLE IN 8 YEARS.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Aug 24, 2019

Call the Clerk's office, some courts have same day (meaning you show up to court when the Clerk's office opens and you get added to the calendar that day) while others have a more involved scheduling system which requires you show up and you get a court date some time in the future.

2 Answers | Asked in DUI / DWI for California on
Q: I recently got my first arrest for DUI. Should I wait for the court to assign me a DUI class or should I sign up myself?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Aug 16, 2019

This isn't a clear-cut question with an easy answer. It depends on the facts of your case, you should contact a local DUI defense attorney to discuss the facts of your case, possible defenses and likely outcomes, you might also discover that a lawyer isn't as expensive as you think.

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2 Answers | Asked in DUI / DWI for California on
Q: I have a no drinking clause in nevada effective until March 6th 2020 that's my final court day but I just got a dui in

California will the judge know about this dui in CA in my final court day?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Aug 15, 2019

As I wrote earlier, no one knows, there are four ways a judge would find out, the prosecutor in your DUI case calls the judge/court, the judge in your DUI case calls the court/judge, you have a self-reporting requirement and you tell the court/judge or the judge/court/prosecutor in Nevada runs your... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: I have a drinking clause in nevada but I just got a dui in California when will the nevada judge find out about this
Dale S. Gribow
Dale S. Gribow answered on Aug 14, 2019

need more info

i would ask this of my nevada attorney.

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3 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: If I am not on probation or parole and am placed under arrest can I be searched and be given a blood test?

I was placed under arrest for DUI while not in the vehicle and the keys not in the ignition in my own driveway. Police were called by neighbors because; I thought I was in park and was not reached over to grab two pizzas in the seat next to me my foot left the brake as my vehicle ran into my own... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jul 21, 2019

You have a lot of potential issues, you should contact at least one local DUI defense attorney to discuss the facts of your case, possible defenses and likely outcomes. Your issues range from reasonable suspicion to initially contact you in your driveway to the blood test, each point along the... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: my 18 year Son got a citation for Xanax in his car - he doesn’t know where it came from. What should I do ?

Police asked to search his car and he agreed. They found Xanax - he doesn’t own it or use it. Citation for court date in August- he’s 18 years old no misdemeanor.

Dale S. Gribow
Dale S. Gribow answered on Jul 3, 2019

more info needed.

they are charging him with possession of a dangerous drug.........NOT ownership.

if you can afford a lawyer let me know the court he is ordered to and i will give you lawyers for that court.........

760 837 7500

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2 Answers | Asked in DUI / DWI for California on
Q: good morning, I am currently fighting a dui, by myself, taking it to trial on the basis that the ALCOHOL PREP PAD that

the nurse used, heavily I might add, on my arm PRIOR and immediately before piercing alcohol soaked area w/syringe & drawing blood. now. can I have a test done to where I go have my blood drawn twice, one in each arm, and one w/alcohol pad & the other w/o. AND take the astonishing 27 days before... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jun 24, 2019

Assuming an alcohol swab was used to clean the site (usually they don't use an alcohol swab) you will need to contact a forensic toxicologist who has a lab or has a relationship with a lab to conduct the experiment. Of course, just because you create such an experiment doesn't mean a judge will... Read more »

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1 Answer | Asked in DUI / DWI for California on
Q: Statutory DUI laws prior to 2009 in California.

July 2009 is when Calif courts reliquished controll or juristiction to DMV on all DUI enforment of statutory laws. Prior to that the Judge decided all aspects like school, interlock dev. Ect. DMV now says it has jurisdiction over cases even prior to 2009. Ex Post Facto comes to mind. Is this true?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jun 23, 2019

The DMV has always had jurisdiction over licensing matters, nothing changed in 2009.

6 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Personal Injury for California on
Q: Dui accident on 06/13/19 , charged with involuntary vehicular manslaughter/ great bodily injury in,San Bernardino county

Accident was caused by , the negligence of a semi truck driver makeing a sudden illegal u-turn .

Clearly marked "NO U-TURNS"!

In a marked 50 mph zone.

William John Light
William John Light answered on Jun 16, 2019

There could be a personal injury claim arising out of this for the decedent and any injured. Consult with a PI attorney.

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3 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Wrongful Death for California on
Q: Pro bono ?

Dui (drugs) / great bodily injury/ involuntary vehicular manslaugther.

Pro bono attorney in San Bernardino , Ca.

William John Light
William John Light answered on Jun 16, 2019

Get a public defender. If you want a private attorney, you will have to pay, and for those charges, it isn't cheap. Time to call on your family and friends to chip in.

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2 Answers | Asked in DUI / DWI for California on
Q: What is the process of getting your drivers license back after being revoked. Lived in Illinois now in Texas.

yes this was a DUI. person served time in jail and prison, met his drug and alcohol classes been off parole for 2 years. Needs his

license for work. Currently walking to work. Where do we begin?

Thank you

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jun 13, 2019

Assuming your DUI conviction and license suspension is based on an incident in CA, you need to call California DMV Mandatory Actions Unit (1.916.657.6525) and ask them how to reinstate your CA driving privilege (if you had a non-CA drivers license) or get your CA license reinstated,

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3 Answers | Asked in DUI / DWI for California on
Q: Had 2 drinks, car was parked, was sleeping, police knocked on window motion to roll down. Gave sobriety test then ask ,t

take breathalyzer ask if I had to he said no, I only said ok and then was arrested.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on May 8, 2019

OK, I understand the underlying situation, do you have a question?

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2 Answers | Asked in Car Accidents and DUI / DWI for California on
Q: Am I liable to pay for someone else DUI fees and other fees when registering a salvage title car?

My brother just bought a used car from a site like Craigslist. He went to go register it and found out it has DUI fees and other penalties from the original owner(I have a picture). Is he really liable to pay those?

No contact was signed besides a bill of sale and they did have the title on... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Apr 10, 2019

It depends on the terms of the contract.

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