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Ruben David Sanmiguel

Ruben Sanmiguel’s Answers

68 total


  • Anyone speak spanish?

    because my friend he does not speak english

    Ruben’s Answer

    Podemos ayudarle en espanol escrito aqui o nos puede llamar por telefono

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  • Domestic battery. What might happen?

    Can my husband go to jail if we were having an argument,he pushed me, I latter punch him lightly. I called the cops and I gave them my statement but the whole thing got out of controll because the cop was asking these questions. My husband left,...

    Ruben’s Answer

    You are correct that you have lost control of this case. Most states have enacted strict rules preventing cops from using their discretion in Domestic Violence cases. In fact, some police departments are required to arrest somebody to enable a "cooling off"period in the household. It is true that the prosecutor decides whether to prosecute. The state may not need your testimony, or appearance in court, to prosecute your husband. Your statements, photos and admissions made and memorialized by police at the scene which may be admissible against your husband at trial. I recommend that your husband contact an experienced attorney and get an appointment (by himself) right away. You should will hear from the prosecutor as the case progresses. Good luck with your husbands case.

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  • I need to check the amount of one of my citations for open intoxicants so i can pay it?

    I had recieved a tiket a year or two back and now am reayd to start making payments but I forgot the price. please help me.

    Ruben’s Answer

    The best place to start is the circuit clerk of the county court where you appeared in this citation. The clerk keeps records of of the dispositon, court orders and fees and cost due and owing. Information can be obtained in person, over the phone or online. The clerk can also tell you if action was taken against you for having failed to comply with the requirements of your case disposition. In some counties, open fines and judgments can be referred to a collection agencies who treat your fines as an unsecured debt. As you can see, an unpaid fine can have negative consequences on your driving record and credit. I encourage you to clear up your fine as soon as possible. Good luck with your case.

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  • Court Citation for Expired License

    I was pulled over for a seat beat violation, and was given a court citation for driving on an expired DL more than 4 months. My DL expired several years ago, and I never renewed it as I am not a permenant resident of the US, and traveling often. I...

    Ruben’s Answer

    You should contact a local traffic attorney right away to get advice on how to proceed in your particular courtroom. Find out if a conviction for driving on an expired DL can be considered in a future application for immigraton benefits

    Transfering title to someone else will have no effect on your expired DL charge. Since you were previously issued a DL, you will have a driving record that can be reviewed by the prosecutor. Fortunately for you, driving on an expired DL is a less serious charge than driving with no DL. Assuming you had no previous violations on your record, you should be eligible for a lenient sentence. Good luck with your case.

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  • If the appearance date written on a speeding ticket is before the issuance date, does this invalidate the ticket?

    ticket was written on 11/24/10 and the officer wrote 1/6/10 (rather than 1/6/11) on the ticket. State of Illinois

    Ruben’s Answer

    Writing the wrong appearance date on the ticket does not invalidate the ticket because the error does not affect the facts of the case. Upon arrival of the ticket at the circuit clerk's office, the clerk will assign a case number and the correct date for the assigned court room. Il law requires the first court date to be between 12 and 60 days after the arrest. If the date assigned is not within those dates, you may have a successful motion to dismiss the ticket.
    You should challenge the ticket if you feel the officer did not have reasonable grounds to pull you over or reliable speed detection. I recommend you talk to a traffic attorney to explore your options and defenses to this violation. Good luck with your case.

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  • Can I be arrested for not paying my ticket?

    I was given a citation for expired tags and inspection.I have had two court dates so far,but I still cannot afford to either register and inspect the car, or to pay the ticket.I have one more court date and Iam afraid they might arrest me this tim...

    Ruben’s Answer

    It is unclear from your question whether you entered a plea to these charges or merely asked for more time to comply. You shoul dbe fine as long as you have appeared for every court date. If you failed to appear, the judge could issue a failure to appear warrant, a bond forfeiture or notice to the DMV which could lead to your license being suspended. The amount of the warrant could equal the amount of the outstanding fine for your violations. The best strategy is to explain your financial situation and be honest with the judge. Ask for more time to make payment and do not get any more tickets. Good luck with your case.

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  • How much trouble do you get in for driving on a suspended/restricted license?

    I got a dui and got my license suspended. I got told I have a restricted license. I drove up to the dmv to get my restricted and got pulled over plus I got 2 other tickets. How much trouble am I in and will I go to jail? Or will I just be fined?

    Ruben’s Answer

    Check with an experienced attorney in your county to see what day your suspension began. You can find this information by get your driving record from your DMV. Most states have mandatory minumum jail time as a sentence for driving during the time period of a suspension, when the suspension was for a DUI arrest. Hardship permits are authorized by the trial judge but issued by the DMV. The start time and end time of these permits are rigidly regulated by the DMV, not the judge. Do not drive unitl you have a permit in hand. You do not mention if you are on court probation or bond for your DUI. The new arrest could form the basis for a violation of probation or of your pre-trial bond in your DUI. Contact an attorney immediately to review your options and strategy. Good luck with your case.

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  • I received a move over citation. I was unable to move over as a semi-truck was in the other lane. I did slow down.

    I even asked to officer if I was speeding and they answered no. They said I had enough time to move over. From their stopped vantage point, maybe to them it looked like I could move over, but I know could not do so safely. Should I go to court ...

    Ruben’s Answer

    These "move over" tickets are taken very seriously by officers and prosecutors due to recent fatal accidents on the side of the road. Some prosecutors are prevented by their office policy from amending or modifying these charges to non-movers for someone driving a commercial vehicle. Your best option is to hire an attorney who can set the case for bench trial. On the day of trial, your attorney can revisit negotiations and approach the prosecutor/officer to explore better terms or a dismissal on your behalf. If a trial is necessary, your attorney put you on the stand to testify. you will then explain your defenses and tell your side of the story. As mentioned iin the answer above, you risk a stiffer fine if you are found guilty. Your carrier insurance may also be dropped by a finding of guilty. It is best to proceed carefully with representation. Good luck with your case.

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  • My tx cdl was disqualified for a drug case back in november of 2007. Can i apeal this or maybe got get at another state? I

    It was my first and only felony. Other than that i have a clean record, no dwis or nothing.

    Ruben’s Answer

    Check with a local attorney to see if an appeal can be filed to reverse your suspension. You must request a hearing to appeal within a certain amount of time (usually 30 days) of receiving notice of suspension. You will have trouble getting a CDL in another state because you will be asked to diclose prior arrests and prior CDLs issued in another state. State DMVs communicate with each other over several national data bases. Get a copy of your driving record and see an experienced attorney in your area to review your options. Good luck with your case.

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  • How do i remove a trafic ticket violation from Utha from my records

    I got a trafic ticket violation in Utha in 2004 its keep coming up on my personal report how do i remove this violation ? Who do i approch and how to remove ?

    Ruben’s Answer

    The general rule in most states is that traffic tickets cannot be removed or expunged from your record. You did not provide enough information about the type of violation or why you want to remove it. Some driving records are available to the public or to auto insurance companies, others only for court purposes. Absent fraud or a mistake, or a finding of not guilty, negative information cannot be removed from your driving record. I recommend that you get a recent driving record and take it to an experienced traffic attorney in your area for more detailed review and consultation.

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