Neil James Fraser’s Answers

Neil James Fraser

Beverly Hills Criminal Defense Attorney.

Contributor Level 15
  1. I got a Dui Last Night, I refused the tests They wanted me to do, I was not Drunk But They say I smelled of alcohol

    Answered over 1 year ago.

    1. Michael Jon Fremont
    2. Neil James Fraser
    3. Michael Korry Bialys
    4. Matthew Murillo
    5. Dan Eugene Chambers
    6. ···
    8 lawyer answers

    I'm afraid you made a bad decision. The law states you are presumed to be DUI if you refuse to take a chemical test and the police had probable cause to stop you and conduct a DUI investigation. It gets worse - there is a one year license suspension that accompanies a DUI conviction with a refusal, plus you may then be required to install an ignition device to get your license back. This is in addition to the first-time DUI fine (increased by the refusal to over $2,000.00 with penalty...

    19 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Do I need to hire a lawyer to fight this?

    Answered almost 2 years ago.

    1. Paul Y. Lee
    2. Asmik Jasmine Gevorkyan
    3. Robert Max Klein
    4. Christian K. Lassen II
    5. Neil James Fraser
    6. ···
    8 lawyer answers

    As my colleagues have said, let your insurance company deal with this lady's claim. They are obligated to defend you to the limits of your policy and will, no doubt, try and dispose of the claim for an amount within your policy limits. I just wanted to add it is in your interests to allow your insurance to release your policy information. You are obligated to cooperate with them in defending the claim. A failure to do so potentially would allow them to escape their obligation to defend you....

    18 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. My son was arrested for DUI... Blew a .06...

    Answered 12 months ago.

    1. Neil James Fraser
    2. Michael Kevin Cernyar
    3. Robert Laurens Driessen
    4. Dan Eugene Chambers
    5. Sharon Paris Babakhan
    6. ···
    8 lawyer answers

    Unfortunately you will most likely find the impound fees are still due and payable. As long as the police had reasonable cause to stop and arrest your son on suspicion of DUI, the impound is lawful.\ I would presume your son is over 21 if the DMV is saying a hearing is not necessary and he can keep his license. If under 21, it is against the law to drive with any measurable amount of alcohol in your system and there likely will be a filing. I would double-check with the DMV to make sure...

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  4. There is a warrant for my arrest for not doing my community service.

    Answered about 1 year ago.

    1. Andrew Joseph Bouvier-Brown
    2. Neil James Fraser
    3. Sharon Paris Babakhan
    4. Anthony Michael Solis
    5. Sarkis Jacob Babachanian
    6. ···
    8 lawyer answers

    It would certainly benefit you to hire counsel and thus avoid time in custody. Bellflower is a tough court, if that's the court you are in.

    17 lawyers agreed with this answer

  5. Arrested for DUI. Blew .08 at the station. What are my chances for dismissal?

    Answered about 1 year ago.

    1. Dan Eugene Chambers
    2. Sharon Paris Babakhan
    3. Matthew Murillo
    4. Wade J. Skalsky
    5. Neil James Fraser
    6. ···
    9 lawyer answers

    .08% BAC is the presumptive limit, e.g. at or above that reading, you are presumed to be DUI. The prosecution need only show the test was correctly administered and the results properly recorded. You can be charged with DUI below .08% BAC if there is evidence of impaired driving. With the help of an experienced DUI defense attorney, you have a shot at a wet reckless. A dismissal is unlikely but it is impossible to predict the result without a detailed review of the evidence.

    16 lawyers agreed with this answer

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  6. Should I plea 'Not Guilty'?

    Answered about 1 year ago.

    1. Greg Thomas Hill
    2. David Matthew Piper
    3. Sarkis Jacob Babachanian
    4. Michael Lawrence Doyle
    5. Neil James Fraser
    6. ···
    8 lawyer answers

    Based upon what you say, I would fight this case all the way. However I would like to see what both sides are claiming to be the facts in order to craft the appropriate defense, which would include a suppression motion.

    16 lawyers agreed with this answer

  7. Do I need an attorney for DUI if breathalyzer test was .07/.06?

    Answered 10 months ago.

    1. Matthew Murillo
    2. Neil James Fraser
    3. Richard Kim
    4. Dan Eugene Chambers
    5. Michael Jon Fremont
    6. ···
    9 lawyer answers

    You might want to wait until after your arraignment date to see what charges, if any, are filed against you. What you should keep in mind is that .08% BAC is merely the presumptive legal limit, e.g. at or above that reading, you are presumed DUI. You can still be charged with DUI between .05% and .07% if there is additional evidence of driving while impaired. However it is more likely you would be charged with a "wet" reckless - or not charged at all. The various penalties differ greatly and...

    15 lawyers agreed with this answer

  8. I received a DUI, but I was not actually driving the car. Is this legal?

    Answered about 1 year ago.

    1. Sharon Paris Babakhan
    2. Daniel C Grupenhagen
    3. Kapesh Vithal Patel
    4. Christopher John McCann
    5. Lonnie L Mcdowell
    6. ···
    10 lawyer answers

    Boy, sometimes our law enforcement pals can be so, shall we say, officious. You probably got arrested for refusing the field breath test (which is your right) and, I'd imagine, you were probably not entirely pleased with their attitude. You do not have to be actually driving to be cited, as long as there is evidence sufficient to establish you had been immediately prior to the encounter and I presume for your story you were on the side of a freeway with your car parked there. You do, however,...

    14 lawyers agreed with this answer

  9. I just went to court to fight a DUI with refusal and lost. I want to file motion for new trial or appeal on these grounds

    Answered over 1 year ago.

    1. Neil James Fraser
    2. Christine C McCall
    3. Brian Russell Michaels
    4. Curtis Lamar Harrington Jr
    4 lawyer answers

    You can appeal but you will lose. The judge's answer was entirely appropriate for the question asked. Furthermore it sounds like that's not your beef anyway .... it seems your beef is you weren't driving but were found guilty anyway. That's because the jury - the finders of fact - must have found your friend's testimony unconvincing and that you were the driver. There is no appeal on questions of fact determined by a jury; only for errors of law. By the way, circumstantial evidence carries...

    14 lawyers agreed with this answer

  10. Got a DUI first time in my life

    Answered about 1 year ago.

    1. Troy Slaten
    2. Dan Eugene Chambers
    3. Neil James Fraser
    4. Sharon Paris Babakhan
    5. Wade J. Skalsky
    6. ···
    10 lawyer answers

    It all depends on the facts and circumstances of your case. Myself and many others on Avvo offer free consultations and you should speak to several of us to determine whose representation best fits your needs. It is essential to safeguard your job by getting excellent representation and, for that, you are best advised to retain private counsel.

    13 lawyers agreed with this answer