Is there any way I can get out of this because I dont want any part of it it could in danger my life and it just creates a lot of un needed stress since I have a baby on the way
You must appear on a subpoena. If you do not, the Judge could issue a" body attachment" for your arrest. You could call the attorney/District Attorney who had you served and discuss your safety concerns and the possibility of being placed "on call" If you are concerned that your testimony might cause you to incriminate yourself, then you should consult with an attorney.See question
How does the prosecutor prove "impaired driving" for DUI (a) count, if one is stopped at a checkpoint, questioned, asked to perform FST's and subsequently arrested with a PAS of 0.08. Also, there is no accident/calamity involved to prove "impair...
Checkpoint cases are challenging for the prosecution because there is no actual driving observed "consistent" with impairment. They will focus on all of the field sobriety tests, the results of which will be attacked by defense expert. Is this a case where you refused to provide a blood/breath test after arrest? If a blood test was taken and it is .08 or above, then the prosecutor will add that charge to the complaint. You should speak to an attorney as there are several ways to attack this charge.See question
im got two misdemeanor
If the proof of completion date has passed and you did not go to court with the completion of the caltrans, then you have violated probation and the court may have issued a warrant. If the date is in the near future, then you could go to court and request an extension to complete. Obviously the more you have completed, the more apt the Judge is to extend the time for you to complete. Either way, you will need to go to court. You can retain an attorney to handle this for you or contact the Public Defender's Office at the Fullerton courthouse if you are unable to retain private counsel.See question
I blew over a .18 and lost my APS hearing. Recently finished my 30 day hard suspension. and my court date hasn't arrived yet. I want to begin taking classes as soon as possible to get a restricted license. I tried enrolling in a...
Because you are not attending the program pursuant to a court order (conviction) at this point, you will need to go to the DMV and request a form called H-6 ( costs $5.00) then call the program and make an appointment, taking that form with you. Most programs will not enroll you without that form. Once enrolled, they will provide you with the proof that you take to the DMV. Some programs can also do this electronically, but you will need to ask them. Typically the nine month program is not required unless the result is .20 and above. The six month program may be required for a .15 and above, but your attorney can attempt to negotiate for the three month program. So I would recommend enrolling in the three month program (AB-541). Remember, just because your results are a .18 does not mean that there are not any defenses to your case. Be sure to retain an attorney (or a Public Defender can be appointed by the court if you can not afford to retain an attorney) who can review the reports, request additional discovery (such as the specifics of the machine that was used to measure your blood, was it operating properly, etc), determine whether the initial stop of your vehicle was lawful, analyze the field sobriety tests that were used to test your level of impairment, etc.... Additionally, you are entitled to an administrative review or an appeal of the DMV decision, which an attorney can review and discuss with you.See question
I requested community service in liue of fines and won't be able to complete on time. This was at the West Covina courthouse. Is there a way I can go to the clerks office and convert it to the original fine amount?
Yes, typically you can request community service in lieu of the fine or vice versa. It is easier to convert community service to a fine and many times that can be handled directly, simply by going to the clerks office of the courthouse. The clerk might not be able to convert, and will instead send your case up to the Judge who heard your matter. Your attorney can handle this for you if your matter was a misdemeanor. If a felony, you and your attorney will need to go to court. It is best to go in before the due date. Be sure to go early in the morning. If it does need to be sent up to the Judge, there is usually a cut off time for cases to be added to the courts calendar for that day.See question
5 months into the set order due to expire 9-18-13 The petitioner called me and said he missed me we started seeing each other again. I bought into his lies that he was sorry, he was mad at me, and that he wouldn't notify police. I trusted and I lo...
Yes, you have been charged with a crime and therefore you should have an attorney handle your case. An attorney will be able to review the reports and discuss any possible defenses with you.See question
I been trying to get a job and they do a background checks for the last 7 years and I have 1 thing that is petty theft that is stopping me from getting these job that I apply for. I need to get this removed asap.
In order to get your conviction expunged, you will need to have completed all of the terms and conditions of your probation, including the fine and any fees owed and have completed the period of probation successfully. When considering whether to grant the request to expunge., a Judge will also consider whether or not the probation has been violated.See question
I had a dui conviction last year as well.
The short answer is: If the suspension was do to the DUI (14601.2(a)), then the minimum county jail time is 10 days and the max is 180 days county jail. Knowledge is also an issue, but with a DUI, it is often difficult to show that one did not have knowledge of the suspension. The length of the suspension depends on whether it is a first DUI or subsequent DUI conviction. The suspension can also arise from an "Administrative Per Se" Hearing with the DMV, which also increases in time after the first DMV suspension. These suspensions do not always run together, which can cause confusion to someone who thinks the suspension is over, when it is not. Once the suspension period ends, it is up to the licensee to take the required steps to get the license reinstated.See question
Three parking tickets gone to collection. Can it get worse?
Yes..as my colleagues have stated, the DMV could decide not to renew your license and your license could be suspended, and the fines could increase...take care of asap!See question
I was driving my friend home and was pulled for going 10 miles over the speed limit. The officer noticed my friend had alcohol with him but he is 21 and it was sealed. I passed the field sobriety tests and my BAC was .044 but I'm under the age limit.
Since you are under 21 years of age, the limit is .01 or higher (zero tolerance), not .08. That being said, as noted in the previous answers, there are alternatives to a misdemeanor DUI and there could be issues regarding the initial stop of your vehicle and your arrest. Many of us offer consultations...also remember that you only have 10 days (from the arrest/when you received your temporary license) to request an "administrative per se" hearing with the DMV, which is separate from the court action, so you should speak to an attorney soon to have the DMV and court issues explained to you in detail as you are facing a one year suspension of your driver's license, as well as other related penalties.See question