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California DUI / DWI Questions & Answers
3 Answers | Asked in DUI / DWI for California on
Q: What type of paperwork can show that my previous cases have closed and I have no open cases against me?

I have had 2 dui and driving on a suspended license cases in the past. Using my finger prints my FBI background check shows these cases but doesn't clearly show that these cases have ended. What type of paperwork can I ask from the court to show that these cases have concluded and that there are no... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 18, 2020

If by closed you mean settled, each case has a disposition order, that indicates your plea (or verdict) and sentence, you may be able to get the paperwork at any courthouse, but definitely at the courthouse where the case was prosecuted. Regarding open cases, that's what the background check is... Read more »

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3 Answers | Asked in DUI / DWI for California on
Q: During the covid-19 quarantines, it says to avoid gatherings of 10 people, must I go to court? I am scared to leave home

Trying to avoid social interaction, this is a serious issue in the US.

Dale S. Gribow
Dale S. Gribow answered on Mar 17, 2020

more info needed.

each county is different.

i just read today of LA continuing cases and here in Riverside Co they are likewise putting cases over.

you should call a local lawyer or request a public defender to assist you for you courthouse.

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2 Answers | Asked in DUI / DWI for California on
Q: What are the chances of having a 1st dui In california BAC .23 reduced or dismissed for medical reasons

.....

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 17, 2020

It won't be dismissed for medical reasons, you may be found "not guilty" by a jury following a jury trial. You should contact a local DUI defense attorney to discuss your medical issues and how they can be developed into a defense.

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1 Answer | Asked in DUI / DWI for California on
Q: Can I get an emergency medical hardship license and /or a restricted license as I need to go to my chemo appts.

My license was suspended in 2011 for DUI.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 11, 2020

No, in my experience there is no medical exemption to a DUI suspension. You should contact Mandatory Actions (1.916.657.6525) to determine what you need to do to get your license reinstated. Driving on a suspended license can put your car in impound, you in jail and has fines similar to those of... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: I got a DUI , what happens if its already been past the 10 days and I didn't request a DMV hearing.

Can I plea guilty on the day of my arraignment so I can speed things up? I pick up my children every friday and drop them off every Sunday. Its a 4 hr drive , 2 going and 2 coming. What can I do so I'm still able to do that?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 11, 2020

Contact Mandatory Actions 1.916.657.6525 they can tell you for sure; probably you will need to enroll in a DUI program appropriate for your blood alcohol concentration, file and SR22, pay reinstatement fees and get an Ignition Interlock Device installed on your car.

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2 Answers | Asked in DUI / DWI for California on
Q: What happens when first get as dui

I got a DUI and its my first offense. I was told I can't leave my county . I have a job which requires for me to drive to and from work. Also on Fridays I drive 2 hrs to a different county because I meet halfways with my baby daddy so that I can have my kids during the weekend and on Sundays I ho... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 11, 2020

You need to request a DMV hearing within 10 days of your arrest to make sure that your license isn't automatically suspended on day 30. The requirement not to leave the county is confusing, presumably you haven't seen a judge so there can't be an "order" limiting your travel. You should contact a... Read more »

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2 Answers | Asked in DUI / DWI for California on
Q: Have terminal liver cancer and need to drive to appointments. Had my license suspended on 11/16/2011.

Driver license suspended 11/16/2011. 13352A3 mailed 5/15/2013. Conviction 23152A VC, 23593 VC (updated 7/17/2012. Also 10/17/2017 BP 24 NEV..paid 12/4/2017. HELP!! I need to drive to get my treatments for terminal liver cancer. Am 62 years old. Can I get a special restricted or critical needs... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 10, 2020

need much more info.

you should contact the lawyer who represented you on the dui or contact a new dui lawyer in your area to take care of this old dui......

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1 Answer | Asked in DUI / DWI for California on
Q: CA DUI Question - Second DUI. I was sentenced and I am in one year of my 18 months program.

I didn't applied for a CA restricted license. I hired a private driver. After I have completed my 18 moths program. Do I still need the interlock device?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Mar 8, 2020

Call Mandatory Actions 1.916.657.6525 or ask your lawyer.

2 Answers | Asked in DUI / DWI for California on
Q: Arrested for 3rd dui, already did half of his sentence, the court messed up, he’s still there. His deal was to do half.

My son has been in jail since November. He was arrested for his 3rd DUI in Sonoma County. The deal was that he does half of his sentence and then does the DUI program. The court messed up and is making him do his whole sentence and still do the program. What can we do?

Alexander Andryuschenko
Alexander Andryuschenko answered on Mar 6, 2020

You should contact your son's attorney so that he can calendar the case and tell the court the problem. You should also call the jail and tell them that you think your son is overdetained and have them release him asap

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1 Answer | Asked in DUI / DWI for California on
Q: Burden of proof for driving on DUI

Visitor

My friend got a dui and there were two people in the car. She was told by a police officer friend that if both of them say they weren’t driving, another person was and basically make up a person, say the friend was driving and ran That they can’t prove who was driving the ca and... Read more »

John Francis Nicholson
John Francis Nicholson answered on Mar 5, 2020

You have several issues here surrounding your question. The standard of proof for conviction is "beyond a reasonable doubt" that your friend was driving, and that an acceptable scientifical test was performed that your friend was under the influence based upon the blood alcohol level as specified... Read more »

2 Answers | Asked in DUI / DWI for California on
Q: I got dwi 25 years ago never finished my probation dont even remember how long it was for. in texas

I get a background check from the Doj thru gambling commision every 2 yrs and passed been working same job 9 years but i want to get a notary license is that possible or did i take the 6 hour class for nothing.

Alexander Andryuschenko
Alexander Andryuschenko answered on Feb 23, 2020

Since you were able to pass the background checks, it sounds like the DOJ database does not match your name to your record in Texas. I believe that the same DOJ database will be used to check your background record for notary public and you will pass it just like you passed the gambling... Read more »

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1 Answer | Asked in Child Custody and DUI / DWI for California on
Q: My ex and i have custody of our daughther? Out the blue he changes her schools and lies and states she lives with him .

He serves me paperwork for court

Dale S. Gribow
Dale S. Gribow answered on Feb 22, 2020

more info needed.

you need to contact your family law attorney asap to present your position and submit a declaration countering your ex.......

1 Answer | Asked in DUI / DWI for California on
Q: In California can the passenger In a DUI manslaughter case be charged with anything
Dale S. Gribow
Dale S. Gribow answered on Feb 18, 2020

more info needed

as a rule no but a lawyer would have to hear all the facts.

depending on the facts, you may want to reconsider discussing this in an open forum

2 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for California on
Q: I have a warrant out from county A but am going to be sentenced to do time in county B should I tell county A?

I have COURT for county A before I Attend county B for sentencing.

Dale S. Gribow
Dale S. Gribow answered on Feb 10, 2020

more info needed

be careful posting on a site like this that is open to anyone.

you obviously have a lawyer, either private or court-appointed, ask your lawyer who will have all the info in front of them.

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3 Answers | Asked in DUI / DWI for California on
Q: Can DUI charges be based off accusations from two eye witnesses after an accident w/ no police involvement?

Here is the scenario in question:

Person A rear ended Person B going maybe 15 mph, no damage to person b car (only person a car sustained damage), person b accused person a of being intoxicated, then another person (person c) who saw it said they would act as a witness for Person B. Person... Read more »

Jean Richardson
Jean Richardson answered on Feb 8, 2020

For someone to be charged with a DUI, law enforcement has to be involved. Eye witnesses can always testify to their observations and whether they smell alcohol or not. LEO must conduct investigation. For instance the responding officer or DUI unit would request field sobriety exercises and breath... Read more »

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1 Answer | Asked in DUI / DWI for California on
Q: Daughter got DUI, BA = 0.24. No one else involved. She's broke. Advice on getting time payments and community service

She crashed into a signpost, no injuries. Question refers to time payments on fine and community service instead of jail time.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Feb 7, 2020

If she wants to settle her case she should still contact a local DUI defense attorney. A lawyer can help reduce the punishment and negotiate the terms for performance, if she qualifies a Public Defender may also be able to help her.

2 Answers | Asked in DUI / DWI for California on
Q: DUI Five way collision

Hello,

I was in a five way collision, and I was third in line. The person I hit, 2nd car, was driving under the influence and was arrested. Technically he's at fault correct? I got a mail recently where his insurance is asking for payment.. I have insurance as well, will my insurance go... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Feb 5, 2020

You rear-ended another driver and they're at fault? I don't think so. You might check with a personal injury lawyer, my experience has been that the driver of the car in back is at fault for following closer than was safe, regardless of the driver in front's sobriety.

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1 Answer | Asked in DUI / DWI for California on
Q: in 2008 I was arrested for a dui while walking and I wasn't in the car. chp officers pulled my brother over legal?
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Jan 25, 2020

Need more facts, if you were in violation of the law, it is legal.

2 Answers | Asked in DUI / DWI for California on
Q: Got a "Notice to Appear" copy of citation @ DUI arrest that's illegible and almost blank. That legal?
Dale S. Gribow
Dale S. Gribow answered on Jan 16, 2020

legal but not helpful.

we encounter that all the time and have to call the police, DA or court for confirmation of dates.

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1 Answer | Asked in Criminal Law and DUI / DWI for California on
Q: If an officer is testifying against me at trial, is there a motion to prohibit him from wearing his uniform?

I was pulled over for a DUI whereas my bac was .30. The officer later alleged that I attempted to bribe him but has no evidence of me doing such except his own word against mine. Is there a motion that I can file to prohibit the officer from wearing his uniform during his testimony at trial?... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 2, 2020

more info needed.

you have a VERY HIGH reading and if it comes down to your word vs officer, they are going to believe the officer is all likelihood.

in almost 50 years of practice I have only seen a handful of .3... readings.

i am not sure it would make any difference to...
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