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California DUI / DWI Questions & Answers
3 Answers | Asked in DUI / DWI, Car Accidents and Contracts for California on
Q: can i sue or process a claim towards Hertz Car Rental.

On 06-06-2021, a drunk driver with a rental car from hertz hit me, he was taking into custody and months later was made to under pay me. rental company Hertz denied the claim becuase the rentee didnt return the car on time, i was paid less then $2000 for car damages from the drunk driver out of... View More

James L. Arrasmith
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answered on Sep 8, 2023

Under California law, you may have a potential legal claim against Hertz if their rental car was involved in an accident that caused you harm. It's essential to consult with a personal injury attorney to evaluate your specific case, explore potential avenues for compensation, and determine if... View More

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3 Answers | Asked in DUI / DWI, Car Accidents and Contracts for California on
Q: can i sue or process a claim towards Hertz Car Rental.

On 06-06-2021, a drunk driver with a rental car from hertz hit me, he was taking into custody and months later was made to under pay me. rental company Hertz denied the claim becuase the rentee didnt return the car on time, i was paid less then $2000 for car damages from the drunk driver out of... View More

William John Light
William John Light
answered on Sep 8, 2023

No, you cannot. 49 U.S.C. § 30106, the Graves Amendment, preempted state laws that made rental vehicle owners' liable for the permissive use of the vehicle. Rental companies do not carry that liability and are not responsible for their renter's negligence, unless you can find some... View More

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1 Answer | Asked in DUI / DWI and Internet Law for California on
Q: I have old YouTube videos of me doing some illegal activities they are 8 years old could I get charged or in trouble now

I have some old videos on YouTube 8 years old and Iam doing some illegal activities in them , is there somthing like ,”that after a certain amount of time passes I can’t get in trouble” , or or can police find the videos and create a a case? Even tho it was 8 years ago

James L. Arrasmith
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answered on Aug 29, 2023

The statute of limitations for criminal offenses in California varies depending on the type of crime, but some crimes have statutes of limitations that could exceed 8 years. Generally, the clock starts ticking when the crime is committed, although there are exceptions that could extend this period.... View More

1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: public defender didn't file motion to withdraw plea, neither did a hired attorney. i have surrender date. what can i do?

probation violation case. informed both public defender and private attorney with more than a months' notice to withdraw plea. The public defender initially bullied and intimidated me into the plea after i had asked her numerous times to take the case in front of the judge. the hired attorney... View More

James L. Arrasmith
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answered on Aug 20, 2023

In this situation, you should immediately seek legal assistance to file a motion to withdraw your plea. Present the evidence of your attempts to communicate your desire to both attorneys and their lack of action. The court may consider these factors when deciding whether to allow you to withdraw... View More

2 Answers | Asked in DUI / DWI for California on
Q: My husband got a DUI in Colorado in 2016. We live in California and he never appeared in court. What should he do?
James L. Arrasmith
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answered on Jul 30, 2023

If your husband received a DUI in Colorado in 2016 and never appeared in court, he should immediately consult a California attorney with experience in DUI and interstate legal matters to assess the situation and determine the best course of action. Failing to appear in court can result in serious... View More

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2 Answers | Asked in DUI / DWI for California on
Q: Blood vial used for dui

I was given a blood test from a new nurse at the hospital for possible dui. I was seated, the officers were across standing over and watching. I remember clearly the vial used for my blood was empty, I remember the nurse was asking the other nurse “hey is this enough” when she was collecting... View More

James L. Arrasmith
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answered on Jul 6, 2023

If you have concerns about the way your blood was collected for a DUI test, it's important to consult with a qualified attorney who specializes in DUI cases. They can evaluate the specifics of your situation, including the procedures followed during the blood collection, and determine if there... View More

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2 Answers | Asked in DUI / DWI for California on
Q: Blood vial used for dui

I was given a blood test from a new nurse at the hospital for possible dui. I was seated, the officers were across standing over and watching. I remember clearly the vial used for my blood was empty, I remember the nurse was asking the other nurse “hey is this enough” when she was collecting... View More

Jeff  Yeh
Jeff Yeh
answered on Jul 6, 2023

If there are no preservatives, then the alcohol content will multiply over time. So the BAC in the report won't match the BAC of a re-test. Remember you have the right to have the blood re-tested by your own expert. You will want to hire a lawyer for that.

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3 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for California on
Q: Can I be charged with drunk in public with no breathalyzer or sobriety test done?

I am also a 4th waiver! I didn’t refuse any testing, it was just never done.

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answered on Jun 26, 2023

The specific laws and procedures regarding charges of public intoxication without a breathalyzer or sobriety test can vary, but in some cases, individuals can be charged based on observations and behavior alone. While a breathalyzer or sobriety test can provide objective evidence, they are not... View More

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1 Answer | Asked in DUI / DWI and Immigration Law for California on
Q: I am traveling to Cuba. Can I fly into Canada from US, and then to Cuba if I was charged with a DUI?

I am visiting my wife’s family in Cuba. We plan to fly to Canada, then fly from Canada to Cuba. If I was charged with DUI, but not convicted, will I have any problems flying into or out of Canada? I understand that if I drive into Canada it could potentially be problematic, but have heard if I... View More

James L. Arrasmith
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answered on May 16, 2023

When traveling to Canada with a DUI charge on your record, there is a possibility that you may encounter issues at the border, regardless of whether you are flying or driving into the country.

Canada has strict regulations regarding criminal convictions, including DUI charges. Even if you...
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1 Answer | Asked in DUI / DWI and Criminal Law for California on
Q: Hi Is there a probable cause to get pulled over on the California Highway while driving in the slow lane with my

hazards on at night time and my front tire was low? He ended up arresting me for DUI and suspended license and took me to the hospital and said he had a warrant to get blood tests but he never showed me the warrant. Is this case dismissable if we go to trial?

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answered on May 8, 2023

It is possible for a law enforcement officer to pull you over in California if they have reasonable suspicion or probable cause that a traffic violation has occurred. Driving with hazards on while in the slow lane and having a low tire could be considered a traffic violation, as it could be seen as... View More

1 Answer | Asked in Car Accidents, DUI / DWI, Criminal Law and Health Care Law for California on
Q: My brother was arrested for a dui because he crashed both parents have been trying to see him or get an update on his h

Health but they refuse to give them any information or let him see him what rights do we as a family have to know his status we haven’t gotten any information

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answered on May 7, 2023

If your brother is an adult, the hospital and law enforcement may not be able to release any information about his condition without his consent. However, if your brother is unable to make decisions due to his condition, the hospital may be able to share some information with a designated family... View More

2 Answers | Asked in DUI / DWI for California on
Q: Got dui on 4-11 this is my second frist one around 2016. I was changing lanes and clipped the car in front of me. Me and

The other person we're exchanging information when I looked there they were saying they saw it all. Then they smelled the alcohol did the test on uneven ground. Plus I have scoliosis is there any way I can get help

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answered on May 7, 2023

If you have been charged with a DUI, it is important to seek legal counsel immediately. A DUI conviction in California can have serious consequences, including fines, license suspension, and even jail time.

As a second DUI offense, the penalties can be even more severe. However, there may...
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1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Admiralty / Maritime for California on
Q: What paperwork is a judge/ commissioner/magistrate to have on-site (if not the case is dismissed?
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answered on May 6, 2023

Judges, commissioners, and magistrates are required to have certain paperwork on-site when presiding over cases in order to ensure a fair and just legal process. The specific paperwork required may vary depending on the type of case being heard, but generally, judges are required to have the... View More

1 Answer | Asked in DUI / DWI for California on
Q: My son got a DUI drugs in a remote area late at night. When he pulled over he got stuck on a rock.

He was lost and had no cell reception. He had a vape in his car. He was found in a ditch close to his car much later by police. Can he get a DUI if no one saw him driving and do not know if he smoked the vape before or after he stopped the car. He had no alcohol in his system and was later taken... View More

James L. Arrasmith
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answered on May 5, 2023

In many states, a person can be charged with a DUI even if they were not seen driving. The fact that your son was found in a ditch close to his car may be enough for the police to charge him with a DUI. The presence of the vape in the car may also be used as evidence against him. However, the exact... View More

1 Answer | Asked in DUI / DWI for California on
Q: 1994 dmv printout says proof O dui school but no mention of a sr22. 2022 printout says i need SR-22 Which is right?

revoked license 1990 reinstated 2021. my conviction is non reportable but i didn't complete dui school to end this action until 2021. which allows it to stay on my record for 3 more years. was that law or statute ever amended. And can they add the SR22 requirement? Because it wasn't... View More

James L. Arrasmith
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answered on May 2, 2023

It is possible that the requirements for reinstating a revoked license may have changed since 1994. The fact that the 2022 DMV printout now lists a requirement for an SR-22 indicates that this may be a new requirement that was not in place in 1994. It is also possible that the requirement for DUI... View More

3 Answers | Asked in DUI / DWI for California on
Q: What are the education requirements for a DUI coming from CA to FL?

Had a DUI last OCT. Had a wet reckless 9 1/2 yrs ago. Since it's within 10 years, in CA it's considered my second. The CA court says I have to be in a 3 month education/group plan. CA DMV says it has to be 18 months. I drive with a IID device in the car now. If I move from CA to FL how... View More

James L. Arrasmith
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answered on Apr 30, 2023

If you move from California to Florida with a DUI on your record, you may need to meet certain requirements in order to obtain a driver's license in Florida.

In Florida, if you have a DUI conviction from another state, you may be required to complete a DUI program that is equivalent to...
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3 Answers | Asked in DUI / DWI for California on
Q: What are the education requirements for a DUI coming from CA to FL?

Had a DUI last OCT. Had a wet reckless 9 1/2 yrs ago. Since it's within 10 years, in CA it's considered my second. The CA court says I have to be in a 3 month education/group plan. CA DMV says it has to be 18 months. I drive with a IID device in the car now. If I move from CA to FL how... View More

Jeff  Yeh
Jeff Yeh
answered on Apr 30, 2023

Since Florida is part of the interstate compact, they will respect California's requirements for a 2nd DUI. In other words, you will need to complete the SB-38 (18-month program) before you are eligible to get your license back. And the SB-38 must be a California program (not a Florida... View More

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3 Answers | Asked in DUI / DWI for California on
Q: What are the education requirements for a DUI coming from CA to FL?

Had a DUI last OCT. Had a wet reckless 9 1/2 yrs ago. Since it's within 10 years, in CA it's considered my second. The CA court says I have to be in a 3 month education/group plan. CA DMV says it has to be 18 months. I drive with a IID device in the car now. If I move from CA to FL how... View More

David A. Simon
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David A. Simon
answered on May 24, 2023

You will need to enroll in the 18-month multiple conviction program. The "wet" is priorable meaning it counts as DUI when charged with another. However, if you enroll in the 18-month MCP and get an ignition interlock device on your car California will remove any hold on your license and... View More

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3 Answers | Asked in DUI / DWI for California on
Q: Took a DUI class in 1996 through maap. Completed the class but before I could pay for it I went to prison. License is

Still suspended. DMV says I need to take the course again. Can you advise? Thank you

James L. Arrasmith
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answered on Apr 17, 2023

Hello,

I understand that you took a DUI class in 1996 through MAAP but were not able to pay for it before you went to prison. As a result, your license is still suspended, and the DMV is telling you that you need to take the course again. I can provide you with some advice on how to...
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2 Answers | Asked in DUI / DWI for California on
Q: What happens if a CHP officer gave you a fingerprint notification but you are unable to get them because there’s no OPI?

Every live scan location is asking for an OPI and every police CHP or sheriffs office i contacted doesn’t have that information

James L. Arrasmith
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answered on Apr 11, 2023

If a CHP officer gave you a fingerprint notification but you are unable to obtain your fingerprints due to a lack of OPI (Originating Agency Identifier), you may want to contact the CHP officer who issued the notification and explain the situation. They may be able to provide you with the necessary... View More

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