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California DUI / DWI Questions & Answers
4 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Hi can someone please help me out is my in law looking at time

Hi if anyone can help me out my in law was charged with this, is he looking at time. He was just changed with number 1 when he was arrested number 2-4 is older but he never took care of them thanks for any help 1) PC29800(A)(1) FELON/ETC POSS/ETC F/AR 2) HS11377(A) POSSESS CNTL SUB 3) VC14601.2(A)... Read more »

Michael Phillips
Michael Phillips answered on Nov 29, 2019

We need more information to provide a reliable response to your inquiry. Call for a free consultation. (949) 535-1303.

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3 Answers | Asked in DUI / DWI for California on
Q: My son is 28, he got a dui in August 0f 2018 in Sacramento, CA. He paid all his fines and finished his dui classes.

He has a 2013 Hyundai registered in his name. I want to put it in my name and my insurance. Can he drive it?

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Nov 11, 2019

Yes, as long as it meets the terms of his restrictions/limitations, he may still have an Ignition Interlock Device requirement and for sure an SR22 requirement, one (or both) may need to be in place for him to drive any car.

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4 Answers | Asked in DUI / DWI for California on
Q: My brother made an illegal u-turn and chp pulled him over.i was not inside the vehicle but was arrested for dui

I was walking a block and a half away and walked up to the car that my brother had already parked that's when I was put in cuffs.

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

I'm sure there's a question here, but I can't figure it out. If you're wondering about defending the case you should discuss the facts with a local DUI defense attorney, there are several good ones in Santa Clara County. The prosecutor has to put you behind the wheel of the car, since you weren't... Read more »

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1 Answer | Asked in DUI / DWI for California on
Q: What’s a “financial accident” on your driving record? My DUI was 5 years ago and all has been taken care of

There were no accidents involved

Dale S. Gribow
Dale S. Gribow answered on Oct 29, 2019

more info needed.

i have never heard the term financial accident in over 40 years.

why not ask your auto insurance agent.

i would have assumed it had to do with premiums being higher because of an accident with or without a dui.

2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Now that it legal to smoke weed for recreational purposes

So can I smoke a joint when I walk in the park, can I smoke on sidewalk beaches what if they catch me with a pipe or bong in public and or my car

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

Perhaps another respondent will have a different opinon, my understanding of the law is that smoking in public places is limited to the laws surrounding the use of cigarettes or other things people smoke. The laws surrounding smoking are both locally enacted as well statewide, probably you can't... Read more »

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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...
Read more »

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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...
Read more »

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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.

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