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Damon Lucas Rogers

Damon Rogers’s Answers

39 total

  • In 2008 my sister was arrested for a DUI. In June of 2012, she fell asleep behind the wheel and hit a disabled car as she was

    exiting the freeway. Her BAC was .08. Sadly 2 people were injured and one was killed. Our attorney said he brought it down from 32 to life, to 19 years. Rather than murder, she is being charged with gross vehicular manslaughter (the "gross" deriv...

    Damon’s Answer

    I agree with everyone that this is something that needs to be discussed with the lawyer. That being said, gross vehicular manslaughter while intoxicated can be punishable by life where the person was previously convicted of DUI, per 191.5(d). That makes it qualify as a serious and violent felony per penal codes 1192.7(c)(7) and 667.5(c)(1)&(7).

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  • I got a wet reckless in March 2012. How soon can I reasonable hope to get it expunged?

    I blew .16% BAC two times in back to back tests during the field test. Later when I was taken to the local Sheriff's office, when tested again I blew .04% then .14% then .10%. The DA offered 3/60 terms for my no contest plea. I accepted. All of my...

    Damon’s Answer

    You should have a lawyer help you make a motion for early termination of probation and for an expungement. There is no guarantee that a judge will grant your requests if only 1 year 5 months has passed, and DA might object. I have expunged DUIs (deuces), and just had one expunged very early but to get it granted you have to show that it is in the interests of justice, which is harder than most other offenses. Feel free to call me if you want to discuss.

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  • Do you have to show drivers license when police ask to see it

    California

    Damon’s Answer

    Yes

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  • I want to face up to skipping probation on a deffered adjudication for class c misdemeanor assault in texas

    I left the state before my probation was completed. That was in 2001. My family would like to move to Texas,how can I handle it?

    Damon’s Answer

    You need to post this question on the Texas criminal defense section of AVVO. That being said, you should hire a Texas attorney to help you with this.

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  • Why do I still have a traffic ticket pending when I was in jail for 2 weeks and 3 days.?

    So I was arrested like a year ago in the city of San Bernardino. I had 2 warrant for not showing up to court. Both tickets were for driving without a license. I showed up to court for one of the tickets and told the judge I would make payments, bu...

    Damon’s Answer

    There's not enough information to figure out what happened with your tickets, but yes it matters if they are different counties. Just because you served time in one county on a ticket doesn't mean every ticket you have is now wiped clean. You need to go to the courthouse that has the outstanding ticket and talk to a public defender, or if it's an infraction talk to the judge, and see if you can get credit for the jail time you did.

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  • Got a citation for speeding (53 in a 35) in Los Angeles, but had an out of country license.

    Cannot pay the ticket on-line, it shows that I need to appear in court, but I live outside the USA

    Damon’s Answer

    You will either need to appear yourself or hire an attorney to appear for you. Since you are not in the United States, the easiest thing to do is hire an attorney to appear for you and take care of it.

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  • Can a police officer run a vehicle check on a parked vehicle if there is no violation evident?

    I was parked at a local sports complex I go to almost every weekend to fly my kites or R/c's. There are no parking meters, signs stating specific rules for parking (i.E do not back into parking spaces etc.) and I was not there after dusk when mos...

    Damon’s Answer

    Yes, it is legal. I argued a case in the Appellate Division of the Superior Court of Los Angeles on this same issue (random license plate checks on vehicles parked in a store parking lot) when I was with the DA's Office and the court held that it was constitutional. A lower court judge had ruled it was a search but on appeal the Appellate Division reversed. In the case the argument of the defense was that the check was "random" and arbitrary and that therefore there must be some violation, but the appellate court said that it was constitutional.

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  • Will I go to jail for completing 101.5 hours out of 171 hours?

    Hello, I go to court tomorrow morning and the anxiety from potentially being in jail is keeping me awake. I was convicted of a DUI in August of 2010. I've completed every AA class, DMV procedure, DUI program except the community service. My...

    Damon’s Answer

    There is no telling what the judge will do. Obviously you are going to have to ask for another extension because it's not complete. Maybe the judge will let you convert the remaining community service back into a fine so you can pay that amount and be done. $390 plus penalty assessments comes out to around $2,000 so if you were to get credit for more than half because of the hours you conmpleted that may drop it down below $1,000. If you have the money you may want to offer to pay the converted amount. Don't quote me on the math or my figures being accurate. Therefore, ask for the extension or if you have the money you can alternatively ask to have it converted back to a fine to pay the balance. Judge may say yes, but also has discretion to say that you didn't do what you were supposed to do and impose additional punishment. Good luck.

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  • I need help to know my baby's dad's case? so i heard people telling me he is being charged for a felony case he has 3 case no.

    which are case numbers: BA39097701 120,000 bail, 1CA1264701 26,000 bail, and 1CA1753301 26,000 bail. i want to know what they mean and i heard what he did was he told some guy in a car to go steal with him or he will shank him but they were bot...

    Damon’s Answer

    This is very serious and he needs to discuss all of these cases with a criminal defense attorney. That attorney can also explain to him the immigration consequences of his cases. If he cannot afford an attorney he will be appointed a public defender, but given the severity of the situation I highly recommend hiring a private attorney. His situation is too complicated to deal with through AVVO. He needs to have a long conversation with an attorney. Good luck.

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  • 3rd DUI and I am Already on Probation for My 2nd DUI. I Ruined My Life in Santa Clarita... Please Advise

    My question is: What is the best and worst possible outcome for my third DUI while on probation for my second DUI? I received my 3rd DUI this year in Santa Clarita while on probation for my second DUI, and all of my DUI's have been in Los Angel...

    Damon’s Answer

    Enrolling in the program and getting the bracelet helps but you have a real problem on your hands because this is your third and because you are on probation. You need to hire an attorney if possible. If you can't afford an attorney, the public defender will represent you. If you decide to use the public defender you should bring him or her the paperwork from the program and the bracelet monitoring so that your attorney knows you are trying to make a change in your life and that you really mean it. This will help in the negotiations with the DA. If you retain private counsel, which I recommend, then you need to share this same information with that attorney. If you have any questions I would be more than happy to answer them. Good luck.

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