Robert Matthew Cargal’s Answers

Robert Matthew Cargal

Pasadena DUI / DWI Attorney.

Contributor Level 11
  1. DUI while parked on the side of the highway?

    Answered 2 months ago.

    1. Hudson Thomas Bair
    2. Jay Scott Finnecy
    3. James Roy Dickinson
    4. Robert Matthew Cargal
    5. Vijay Dinakar
    6. ···
    8 lawyer answers

    California has a vehicle code section 40300.5 which allows the police to investigate and arrest for DUI when no driving is observed but there is sufficient circumstantial evidence of recent driving. IN your daughter's case, she was in the car, parked along side the road. Was the engine on? Was she in the driver's seat? These are all factors. The one thing the cop may is when driving occurred. This is important as well. I think it is worth contesting especially if it is a .08. However, it's not...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Am I allowed to ask for all court minutes and police reports when fight a criminal case and want to take it to trial?

    Answered about 2 months ago.

    1. Robert Matthew Cargal
    2. Michael Anthony Hernandez
    3. Matthew Murillo
    4. Amber H Lunsford
    5. Jay Carl Stoegbauer
    6. ···
    7 lawyer answers

    A defendant is entitled to all evidence that is being used against them and any exculpatory or potentially exculpatory evidence. So, yes, the defendant or their attorney should be able to obtain all reports and the transcripts from all hearings.

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  3. Best advice or options for a first offense of driving on suspension that I thought was restricted?

    Answered 24 days ago.

    1. Robert Matthew Cargal
    2. Christina Samayoa Stokholm
    3. Hudson Thomas Bair
    4. Michael Jon Fremont
    5. Troy Slaten
    6. ···
    8 lawyer answers

    You need to avoid being convicted of driving on a suspended license when suspended for DUI to avoid jail. This can be done by working out a deal with the prosecutor to plea to a driving without a valid license or pleading to a different part of the driving on a suspended license code section - VC 14601. Most likely you will need an attorney- private or public to do this. You also want to go ahead and get your license. That will help you get the disposition you want.

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  4. I have been sentenced ,can I appeal? the plea bargain was changed at last minute by judge also new evidence has appeared

    Answered about 2 months ago.

    1. Robert Matthew Cargal
    2. Peter John Marek
    3. Jennifer J Wirsching
    4. Herb Fox
    5. Michael Anthony Hernandez
    5 lawyer answers

    You can appeal. But you have a limited amount of time to start the appeal- usually within 30 days of the conviction. You should consult an attorney immediately and discuss your options and time limitations.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Requirements for license reinstatement after completing 18 month dui progam?

    Answered over 2 years ago.

    1. Robert Matthew Cargal
    2. John M. Kaman
    3. Benjamin Adam Arsenian
    3 lawyer answers

    I'm not really sure what you mean by "convicted" in 2006 but not handled until 2010. However, the SR22 requirement is triggered by 2 events: DMV suspension for DUI and/or conviction (pleading or being found guilty) in court. The SR22 requirement last for 3 years from those events EXCEPT that the DMV will require an SR22 when you are trying to get your driver's license back following a DUI suspension or conviction. So if your license is currently suspended due to a DUI then you will be required...

    6 lawyers agreed with this answer

  6. Do criminal defense attorneys have to worry about the source of funds when accepting CASH payment for services rendered?

    Answered 26 days ago.

    1. Joseph Briscoe Dane
    2. Michael Kevin Cernyar
    3. Vijay Dinakar
    4. Joseph Salvatore Farina
    5. David Matthew Piper
    6. ···
    9 lawyer answers

    When I was in law school I would sometimes contact local attorneys with questions like yours and ask for their pro bono input. Try that.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. What are my options if I am sued for hitting a parked car while intoxicated?

    Answered 2 months ago.

    1. Matthew Schiller
    2. Robert Matthew Cargal
    3. Jim Mitchell Medley
    4. Timothy E Fizer
    5. Richard Andrew Harting
    6. ···
    6 lawyer answers

    this might be a better question for a personal injury attorney. Although the court on the criminal case can award restitution to the victim for actual damages, it can't award pain and suffering or other punitive damages. You need to find out what the extra 10, 000 is for. That can often be negotiated but would require an attorney with knowledge in that area.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. I am on probation for drug paraphenilia and got arrested for dui

    Answered 2 months ago.

    1. Matthew D Jefferson
    2. Aric M Cramer
    3. Robert Matthew Cargal
    4. Damien S Donnelly-Cole
    4 lawyer answers

    You definitely need to contact an attorney in your area. Sounds like a probation violation in addition to a new offense.

    7 lawyers agreed with this answer

  9. If I had a dui in 1988 & got another one last month, what can I expect as a penalty and how should I plead?

    Answered 22 days ago.

    1. Robert Matthew Cargal
    2. Tigran Grigoryan
    3. David Matthew Piper
    4. Patrick Michael Pekin
    5. Courtney James Will
    6. ···
    8 lawyer answers

    The prior May or may not show up on the record. However, it is beyond 10 years in the past so you won't be prosecuted for a 2nd offense within 10 years. Therefore, since you are facing a 1st offense, if convicted you are facing 3 years probation, approximately $2000 in fines, an alcohol program of between 3 and 9 months and maybe community service and additional programs depending on where the court is. I suggest you consult with an attorney who focuses on DUi defense. Most offer free consultations.

    5 lawyers agreed with this answer

  10. Help, pulled over for 14601.2(a

    Answered about 2 months ago.

    1. Jay Scott Finnecy
    2. Robert Matthew Cargal
    3. David Allen Brooks
    4. Peter John Marek
    5. William Mathew Concidine
    6. ···
    11 lawyer answers

    I believe you are saying that at the time you were pulled over, your license was suspended and since then you have obtained a license and it is now valid. Assuming that, the license may help get the case reduced. However, typically a .2(a) is a misdemeanor that requires jail time. At the very least you need to get the charge negotiated to something other than a .2(a) to avoid the mandatory jail time. Preferably a dismissal (because you now have a license) or a VC section 12500- driving without...

    5 lawyers agreed with this answer

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