Michael Eric Kraut's Answers

7 years ago, I was arrested for DUI. The case never went to court because the police chief never filed the paper work.

the quick answer is that that if your case is a misdemeanor then the statute of limitations is one year. If it was a felony then the statute f limitations is 3 years unless it resulted in a death and you could have been tried for murder. Murder cases have no statute of limitations. Based upon your comments I assume that the case is a mismanagement and you are home free. The DMV does not have a SOL but you can argue that the delay is unfair to you because you can get gather witnesses etc.

1 lawyer agreed with this answer

DO I NEED A JUVENILE LAWYER?

I would immediately get an attorney. There are few crimes more serious then being accused of rape. I am speaking as a former LA County Deputy District Attorney who worked in the juvenile courts. I have added my website below to the answer so that you can read ore about sex crimes and how serious they are to your son's future. Handling things BEFORE they file charges can get your son through this hell

1 lawyer agreed with this answer

On court probation search and seizure . Just received DUI , what will be the outcome

In most cases your probation, even to the court, would have the conditions not to violate any law. If the court that you are in probation is in the same county in CA, then in most cases the court will find out about it.

1 person marked this answer as helpful

Under 21, bac .05 DUI can I get a restricted critical needs license?

the short answer is NO. The DMV does not care about your necessity or anything else for that matter. They are very cut and dry. Either you were under 21 or 21 or over.

In Army NG. Just home from AIT, DUI. No rights read and lied to about submitting a breathalyzer test.

I am glad that you were not belligerent with the officer. That only works to your disadvantage. Unfortunately, being cooperative is expected and is not a benefit. You maybe watching a lot fo TV law shows because the police are not required to read you your Miranda rights when you are first questioned. However, the officer did not tell you the truth about having to take a breath test in the field. This is called the PAS test and it is optional. You should get an attorney asap.

CA DUI DMV Refusal Hearing license suspended for one year. moving to nm next year

If you have not had your case filed then a court has no jurisdiction to order an IID for your case. You will need to get an attorney in NM

What else do I need to do to get my license back ?

Ca requires that you complete the AB 541 for a first time DUI offense. Even if you have done everything for the court, you will still need to take that course.

I was recently pulled over for driving w/a suspend license, no insurance, no regist. the cop claimed I was swerving but I didn'

You can not have a trial by declaration if you are charged with a misdemeanor. I suspect based upon the charges you have, that he asked for all possible charges to be filed. It is not expensive to have your own doctor just fill out the paperwork for the DMV. He does not have to testify in a hearing.

Can the real estate board deny my license application if i completed the deferred entry of judgment program?

Here is the simple answer to your question. If you successfully complete the diversion program as required by the court, your conviction will be set aside and it cannot be used against you. In most cases similar to yours, the Real Estate Board may ask you to explain your conduct, but it will not be held against you. The DUI will be on your record, but CA has many active realtors with DUI convictions. If you have not completed the 18 months, you might want to hire an attorney and seek...

My car broke down and the officer who came to help arrested me for a DUI. Since the vehicle was not running, can I beat the DUI

The answer is somewhat complex. If the keys were in the ignition and the car was running and you were the only one around the car, then you could be arrested for a DUI. However, if the keys are not in the ignition, then you should refuse to answer questions but still follow the request for FST and a chemical test. Let the prosecutor dump the case with experienced DUI counsel representing you. DO NOT argue with the officer and attempt to convince the officer of the law