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Vijay Ratan Sharma
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Vijay Sharma’s Answers

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  • How does the law define the difference between 1st DUI conviction or 3rd arrest/offense and related penalties?

    I will be pleading guilty for Dui, no accident next month . I received supervision in 2011 for my first offense and completed it successfully. I had an arrest for a second Dui that was dismissed for the pullover, no trial in 2012. So here I stan...

    Vijay’s Answer

    It always depends on the disposition. Based on your description, this is your second DUI.

    The dismissal does not count as a plea of guilty. A Finding of guilty, or a plea of guilty will count against you.

    An offense, as you describe it, is an arrest. Meaning the state said you broke the law. A conviction, or any finding of guilty, says a judge agreed with the state. In your dismissal, the judge did not agree.

    Your last issue, regarding sentencing, has too many variables to answer properly. Whether your DUI involved a car accident, BAC above .16, a minor child in the car, and several other scenarios, would determine the MINIMUM sentence. I say minimum because priors, and other background or aggravating factors can bring it above the minimum.

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  • I have a DUI case in August and I want to know in case of DUI in my record can I apply for citizen , I have my green card 5years

    I have a clean background no criminal record! What is the chance to be approved for citizen

    Vijay’s Answer

    Immigration laws are still getting tougher and tougher, authorities don't look kindly on "crimes involving moral turpitude." Historically DUIs haven't fallen under this.
    Under their logic, crimes involving moral turpitude are those that reveal a person's character. Such as drug use/abuse, prostitution, and theft. These can show a guilty mind whereas DUIs do not Since they have no intent component.

    For example, a theft case requires that a person INTEND to take, and permanently deprive someone of something of value(simplified).

    While a Speeding ticket only requires that the person was or was not speeding, how fast the person INTENDED to go is irrelevant.

    Similarly, a DUI requires that a person was or was not intoxicated to the point of impairment at the time of driving.

    So can a person can become a citizen with a DUI in their background? Perhaps, depends on the case and a person's background. The more severe a case, the more likely the person will never make it to citizenship status because they will have been deported long before that

    You should see an immigration attorney though, Asking on here isn't enough. Go to an immigration lawyer, speak to them now, plan your future. Otherwise you're going to be worried about this for the next five years, and I'm sure you have better things to attend to.

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  • What's the penalty for a third DUI?

    .

    Vijay’s Answer

    There is some information missing, but I'll err on the side of too much rather than too little information. I will assume there is no injury or death
    The first DUI is a Class A Misdemeanor punishable by:
    -364 days in jail, or up to two years of Court Supervision,
    -As well as fines, fees, and court costs up to $2500.
    -If a BAC is above a 0.16, 100 hours of mandatory community service and a mandatory minimum fine of $500 is added on to the above.
    -If the driver does not have insurance Or the driver's license is suspended, revoked, or never issued, then it is a class IV felony with 1-3 years of incarceration.

    A Second DUI is also a Class A Misdemeanor punishable by:
    - A maximum of 364 days in jail, or a minimum of conditional discharge (a conviction).
    - A drivers license revocation.
    -Mandatory five days incarceration, or 240 hours community service
    -A DUI technology fee of $1000, as well as court fines up to $2500.
    If a BAC is above 0.16, two additional days incarceration is added to the above,as well as $1250 as a mandatory minimum fine.

    A Third Offense is a class II felony:
    Punishable by 3-7 years incarceration, or 48 months of felony probation,
    AND
    Either 10 days jail or 480 hours community service,
    A DUI tech fee of $1000 and total fines up to $25,000.00
    If the BAC is over 0.16
    then there is a mandatory minimum term of incarceration of 90 days,as well as an additional $2500 in fines.

    Whether this offense counts as your second, or third depends upon how the prior cases were completed of. If DUI 1 was a supervision, DUI 2 was a Conditional Discharge, then DUI 3 will be a class II felony. However, if DUI 1 was reduced to a reckless driving then that wouldn't count as a DUI and this would be DUI 2, not 3.

    I promise I am not trying to be overly complicated, it's only because this area of law is complicated. You absolutely do need an attorney though.

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  • If you are arrested for "retail" theft and get ordered by the judge to pay a fine, do you also have to pay the store?

    my daughter was arrested for "retail theft" and was ordered by the judge to pay a fine, and was put on court supervision. she keeps getting these letters from Walmart's lawyers saying that she has to pay $225.00 for civil demand, in accordance wit...

    Vijay’s Answer

    Bottom line answer is: yes, unless she wants to fight it in civil court.

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  • Can you opt for traffic school once you are on court supervision for speeding and receive another ticket?

    I was recently put on court supervision for speeding and about a week after that I received another speeding ticket. Can I opt for traffic school with this last ticket to avoid violating my supervision? Also how long does it take for a ticket to r...

    Vijay’s Answer

    The first question is whether a court appearance is mandatory or not.

    If a court appearance is mandatory, it is possible in some courts to get 2 supervisions back to back.

    If a court appearance is not mandatory, then you should have the option for traffic safety school. However, they may simply mark it as a conviction if you mail it in.

    You have a greater chance of getting supervision in front of a Judge.

    Be warned that if you're under the age of 21, two moving violations within a two-year period can suspend your license. If you are in that situation, you need to get a lawyer.

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  • I have asked a lot of questions on here. I have somethig to say...

    All of you have helped so much and I really wanted to say thank you, All of the answers where 100% accurate. So thank you very much. My legal issues have all been resolved. I appreciate this service tremendously!!!!!

    Vijay’s Answer

    You welcome. And thank you.

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  • I got my DUI in December of 08, right before the BAID law was passed. Do I have to have one of those since my offense was before

    the law was passed? And when can I apply for a full license? We only have one car and I don't want to subject my husband to blowing when he needs to drive.

    Vijay’s Answer

    It will depend on whether or not your license is currently suspended or revoked. If it is suspended, you can pay a reinstatement fee and receive your license at the end of the suspension term.
    If your license is revoked, you need To go through the formal hearing process with the Secretary of State.

    The first thing you should do is get your drivers license abstract from your local DMV. This will show you if you are indeed revoked or suspended. If you are suspended, It will tell you when you can reinstate your license.

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  • I was called today by the police department saying I needed to come in for a "interview"

    The officer said my old employer is saying there is discrepancies with work I did, but he would not go beyond that saying I need to come in.. I'm assuming this is money related although I'm not quite sure what.. I am being told not to go in by peo...

    Vijay’s Answer

    It seems like a convenient type of way for the police to arrest you, wouldn't it?

    A police officer wanted one of my clients to walk in to "pick something up." I told him to give the officer my phone number and that I would speak to the officer from now on.

    The officer told me the same thing, but insisted that my client show up. I told him that I can speak and act for my client so I'll pick it up. The officer seemed disappointed, I think you can draw your own, very obvious, conclusion why.

    Talk to a lawyer. Whether or not you did anything, you have a right NOT To speak to the police. Get someone who has to speak to them for a living to help you out.

    Even if you have to pay, it's better to spend a little bit now, than having to spend a whole bunch later.

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  • I was called today by the police department saying I needed to come in for a "interview"

    The officer said my old employer is saying there is discrepancies with work I did, but he would not go beyond that saying I need to come in.. I'm assuming this is money related although I'm not quite sure what.. I am being told not to go in by peo...

    Vijay’s Answer

    It seems like a convenient type of way for the police to arrest you, wouldn't it?

    A police officer wanted one of my clients to walk in to "pick something up." I told him to give the officer my phone number and that I would speak to the officer from now on.

    The officer told me the same thing, but insisted that my client show up. I told him that I can speak and act for my client so I'll pick it up. The officer seemed disappointed, I think you can draw your own, very obvious, conclusion why.

    Talk to a lawyer. Whether or not you did anything, you have a right NOT To speak to the police. Get someone who has to speak to them for a living to help you out.

    Even if you have to pay, it's better to spend a little bit now, than having to spend a whole bunch later.

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