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In Nov.2023 I was arrested for a DUI but I was not driving. I had gone out for dinner and drinks with coworkers. I was being dropped off at my house by my coworker and we were following my other coworker to my apartment to pick up work keys. Upon traveling to my apartment (a block away from the... View More
answered on Jul 21, 2024
Under California law, suing the CHP for false imprisonment may be challenging in this situation. False imprisonment requires proving that you were unlawfully restrained without consent and without legal justification. Since you were arrested for DUI, the officer likely had probable cause based on... View More
In Nov. 2023 I was wrongfully arrested for a DUI.
I was on my way to being dropped off at home after a night out with coworkers. Upon that travel, my co worker driving in front of us had been pulled over by CHP. (Mind you, my home was a block away from the restaurant).
Myself and... View More
answered on Jul 20, 2024
In California, you can consider suing for false imprisonment if you believe you were wrongfully arrested and detained. In your case, if your DUI charge was dismissed in County Court, but the DMV is still pursuing action against you, there are specific legal avenues you can explore. It’s important... View More
answered on Jun 10, 2024
Congratulations, setting aside the DMV License Suspension is rare.
Regarding the DUI Court Case, the legal standard is quite different. It will depend on the Alcohol BAC Level, below or above .08, and other specific facts, including the operation of the motor vehicle while under the... View More
answered on Jun 10, 2024
I understand you are seeking information about your chances of winning your DUI case in court after successfully winning your DMV hearing in California. While it's encouraging that you won your DMV hearing and had the suspension set aside, it's important to note that the DMV hearing and... View More
Of PC490.2-MISD-Petty Theft in front of three officers taking fault on the body camera and now they sent a complaint for me to come to court why would I be blame too I was there but the person admitted to it on the scene where the police had us I don’t understand it and in a different county... View More
answered on Jun 6, 2024
Under California law, facing charges for petty theft (PC 490.2) and disorderly conduct (PC 647(f)) can be stressful, especially if it’s your first encounter with such charges. Since your friend admitted to the petty theft in front of the officers, you might have a defense against this charge.... View More
Went I went to the drunk tank and they lied through my whole police report and so did the hospital I have them in lies on the police report n "hospital bills" they charge my partnership n chp lied through there teeth and so did the hospital!! I just need someone to help me!!
answered on Jun 6, 2024
I understand that you are in a difficult situation and believe that the California Highway Patrol (CHP) and hospital staff have lied in their reports about your case. It's important to address these concerns through the proper legal channels. Here are some steps you can consider:
1.... View More
Over 10 years ago I had multiple DUIs in Missouri and some in California. Missouri wanted to incarcerate me, but California did not. Per recommendation of the Judge here in California, I returned to Missouri and was incarcerated. During that time I did a 14 month program - a SATOP. I've... View More
answered on May 28, 2024
In California, the length of a DUI program is typically determined by the specific circumstances of the case and the individual's prior DUI history. The 1650 waiver you mentioned refers to California Vehicle Code Section 13352.5, which allows individuals who are convicted of a DUI in... View More
I had a DUI related single car accident in 2001. I was released to the hospital and never received notification of charges in the 24 years that I have lived in San Francisco since the accident. I hired bondsman at 5, 10 and 15 year increments to find my case and it was never located. We checked the... View More
answered on May 24, 2024
Based on the information you've provided, it appears that you were involved in a DUI-related single-car accident in 2001 in California. After being released to the hospital, you did not receive any notification of the charges against you. Despite your efforts to locate the case through a... View More
Actually, I’m looking for pro bono. How can I afford to get out of this mess? I'm 76 on SS. I ride a large motorcycle. My friend and I had lunch at a golf course. We both had two drinks. Cruising in the hills near Sonora, CA I hit sand in a turn and crashed. Slid to the side of the... View More
answered on May 23, 2024
Given your situation, here are a few steps you can take:
1. Legal aid: Look for legal aid organizations in California that provide free or low-cost legal services to seniors or low-income individuals. Some organizations to consider are California Rural Legal Assistance, Legal Services of... View More
answered on May 9, 2024
In general, under California law, if a blood draw was taken as part of a DUI investigation and the DUI charge was later dropped, the prosecution may still be able to use the results of the blood draw to bring other charges, depending on the circumstances.
For example, if the blood draw... View More
He was told to take a class but then half way through he moved to Colorado to take care of a sick family member.
Now the California DMV wants him to pay for and take another class even though he has not had a DUI incident for over 12 years and the statue of limitations has long since... View More
answered on May 6, 2024
Firstly, it's important to note that DUI convictions and the associated DMV penalties are separate matters. The statute of limitations applies to criminal proceedings, not DMV administrative actions. In California, the DMV can require completion of a DUI program even if the criminal case has... View More
answered on May 2, 2024
To obtain a license to drive to work in California after a DUI conviction, Eddie will need to take the following steps:
1. Complete a DUI program: Eddie must enroll in and complete a state-approved DUI program. The length of the program depends on factors such as his blood alcohol level at... View More
I have not had any further problems with the law, how can I refute this charge going forward for future employment.
answered on Apr 26, 2024
In California, a DUI conviction will typically remain on your criminal record indefinitely, including your live scan background check results, unless you take specific legal action to have it removed or sealed. However, after 10 years, you may be eligible for certain relief under California law.... View More
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answered on Apr 22, 2024
It's difficult to predict with certainty what sentence the DA will seek in your case, as it depends on various factors and the specifics of your situation. However, here are a few points to consider:
1. Prior DUI: Having a previous DUI conviction can lead to harsher penalties for... View More
Hello so I hit a parked car parked in a fire lane in my neighborhood and went home to tell my parents but before I could The police showed up and tested me for dui and I did get a dui. It wasn’t an intentional hit and run as I didn’t know I hit till I got home and was going to then go back.... View More
answered on Apr 9, 2024
Based on the information you've provided, it seems you are facing charges for both DUI (driving under the influence) and hit-and-run in California. Here's some general information about your situation:
1. DUI: In California, it is illegal to operate a vehicle with a blood alcohol... View More
I took a field sobriety test and I failed and got arrested. At the time I was super tired, I had zero sleep last night . I was also nervous and I somewhat understood the officers instructions but I still had questions . I also inured my ankle a few months ago and it hasn’t healed all the way.... View More
answered on Apr 5, 2024
The fact you were super tired due to zero sleep the previous night; injured your ankle a few months ago and it hasn’t healed all the way; were nervous and you misunderstood the officers instructions is going to convince the judge you shouldn't have been driving even if you were sober (still... View More
I took a field sobriety test and I failed and got arrested. At the time I was super tired, I had zero sleep last night . I was also nervous and I somewhat understood the officers instructions but I still had questions . I also inured my ankle a few months ago and it hasn’t healed all the way.... View More
answered on Apr 5, 2024
If you were arrested for a DUI in California despite being sober, here are some important points to consider:
1. Field Sobriety Tests (FSTs) are not always reliable indicators of intoxication. Factors such as fatigue, nervousness, injuries, or medical conditions can negatively impact your... View More
Have court date April 5th. I was in a Domestic Violence relationship where he made it difficult to go to class. Finally free from him and I have a restraining order against him. It nice to have him gone but difficult because I was left with all bills and caring for my daughter while on cash aid. I... View More
answered on Mar 26, 2024
In California, if you've been terminated from a DUI class with only a few sessions remaining and have paid in full, it's important to act quickly. Contact the DUI program to request a re-referral before a warrant is issued. Explain your situation clearly, including the challenges you... View More
I need help scheduling a court date with the dmv. I can't get thru by phone and the letter they sent had no info other than my license is suspended. I have had a restricted license for over 4 years, fully insured, no tickets my dmv driving record has no mention of the dui. The court docs says... View More
answered on Mar 24, 2024
Under California law, if your license was suspended by the DMV and not due to a court order, you need to contact the DMV directly to resolve the issue. The DMV operates separately from the criminal court system, so even if your DUI charges were dismissed, the DMV might have different requirements... View More
I need help scheduling a court date with the dmv. I can't get thru by phone and the letter they sent had no info other than my license is suspended. I have had a restricted license for over 4 years, fully insured, no tickets my dmv driving record has no mention of the dui. The court docs says... View More
answered on Mar 25, 2024
When cited for a DMV, there are 2 separate entities that can affect your license: the court and the DMV. One ruling does not necessarily affect the other.
you had to contact DMV within 10 days of an arrest to set a hearing date....did you do so?
did you have a lawyer? if not... View More
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