David S. Kestenbaum’s Answers

David S. Kestenbaum

Van Nuys Criminal Defense Attorney.

Contributor Level 17
  1. My first time DUI was dismissed in court due to a 1538.5 motion. Will my DUI still show up on my DMV record for the next 10 yrs?

    Answered 3 months ago.

    1. Matthew Murillo
    2. Mark K Rosenfeld
    3. David S. Kestenbaum
    4. Hudson Thomas Bair
    5. Jay Scott Finnecy
    6. ···
    9 lawyer answers

    Good work by your lawyer in getting your case dismissed. Have you asked them this question? The answer is that CONVICTIONS count as priors for 10 years, not losing at DMV. However, you may want to appeal the DMV decision since obviously a Judge with actual legal training agreed there was no probable cause to stop you! If you do get a second DUI, and lose that hearing, the DMV will count it as a second suspension.

    18 lawyers agreed with this answer

  2. Hello My name is Jaime I need to know the penalty for second DUI whit accident?

    Answered 3 months ago.

    1. David S. Kestenbaum
    2. Cambria L Lisonbee
    3. Matthew Murillo
    4. Peter John Marek
    5. Michael Kevin Cernyar
    6. ···
    6 lawyer answers

    It depends upon whether anyone suffered injuries that could make it a felony DUI and possibly with a GBI allegation making it a syrike. That is bad. Leaving the scene also bad. Ate you still on probation from your first DUI. Lastly what court do you have to go to? Those are the bare minimum questions needed to even guess. Your BAC and validity of your driver's license are also factors. 10 days to request the hearing with DMV regarding your license. Sounds like a visit to a lawyer should...

    14 lawyers agreed with this answer

  3. How much does hiring a criminal defense attorney really help?

    Answered 6 months ago.

    1. Matthew Murillo
    2. Arnold William Gross
    3. David S. Kestenbaum
    4. William Saul Kroger Jr.
    5. Alan James Brinkmeier
    6. ···
    16 lawyer answers

    Often a private attorney can do better, especially if they are known by the DA. It is a relationship business. A private attorney may have more time to spend with the client and do the necessary investigation. That being said, hopefully the PD has already done the investigation so you don't have to pay for an investigator. Without knowing all the facts, it does appear that they have cut the offer in half and agreeing to half time, the PD has done a good job.

    14 lawyers agreed with this answer

  4. Hi, Is there a way to press charges for reckless driving since DUI case was rejected.

    Answered 2 months ago.

    1. Michael Aaron Goldstein
    2. David S. Kestenbaum
    3. Jeffrey Shawn Hughes
    4. Dorinda Jo Myers
    5. Steven Hideki Nakano
    6. ···
    11 lawyer answers

    first I recommend that you hire a personal injury attorney. They will evaluate the case to see whether you have a civil suit on your daughter's behalf for the injuries and damage to your car. As far as reinstating criminal charges, the DA has one year to file misdemeanor charges. It is possible that they may reconsider and look at the driving pattern for a reckless driving. You may want to retain a lawyer who knows the DA is to try and have them look at the case again. The filing deputies in...

    12 lawyers agreed with this answer

  5. How do I find a dui attorney who has delt with a diabetic dui case?

    Answered 3 months ago.

    1. Ronald Daniel Hedding
    2. David S. Kestenbaum
    3. Jesse Antonio Arana
    4. Peter John Johnson
    5. Jonathan D. Esten
    6. ···
    9 lawyer answers

    If you are out of state, mention the courthouse your case is in and attorneys in that area will respond. Good luck!

    12 lawyers agreed with this answer

  6. Should i report him?

    Answered 10 months ago.

    1. Nima Haddadi
    2. David S. Kestenbaum
    3. Jay Scott Finnecy
    4. Andrew Stephen Roberts
    5. Alex Gregory Isbell
    6. ···
    8 lawyer answers

    This is not a criminal defense issue. You can go to the police if you want and make a report.

    12 lawyers agreed with this answer

  7. DUI arrest warrant. cops showed up to my house and gave me a ticket

    Answered 11 months ago.

    1. David S. Kestenbaum
    2. Craig Michael Sturm
    3. Thomas Westwood Degn
    4. Nicholas Milan Loncar
    5. James Roy Dickinson
    6. ···
    8 lawyer answers

    Since the officer gave you a ticket instead of arresting you, there is no bail to be posted at this time. There should be a court date on the bottom of the ticket, just like a traffic ticket. That is your day to appear in court and tell the Judge why you didn't finish your classes or, more importantly, appear in court when they were due. You should contact the attorney who represented you at the time of the plea or, if it was the Public Defender, show up that day and talk to the one assigned...

    12 lawyers agreed with this answer

  8. I'm fighting to get my DUI (first time) dismissed in court, attacking probable cause. How good are my chances? Rep by Public Def

    Answered 3 months ago.

    1. James E Dunn
    2. Joseph Salvatore Farina
    3. Michael Jon Fremont
    4. David S. Kestenbaum
    5. Jay Scott Finnecy
    6. ···
    13 lawyer answers

    You seem to have a good grasp of the issues and I wonder if they have offered you a wet reckless yet? Also, if there was a partner in the car, you should be able to hear them talk about why they are following you and stopping you; that is often more important than the video! The PD who is representing you should be able to at least weaken the prosecutor's position. However, the PD can't represent you at the DMV hearing where you can test the officer at a time when they are less prepared...

    11 lawyers agreed with this answer

  9. DUI 1998 BAILED OUT BUT NEVER SHOWED UP TO COURT.

    Answered 3 months ago.

    1. Ronald Daniel Hedding
    2. Peter John Marek
    3. Julia E. Simmons
    4. Berc Agopoglu
    5. Jay Scott Finnecy
    6. ···
    14 lawyer answers

    I recommend your brother meeting with an attorney as soon as possible. Most of us on AVVO offer free consultations and that way we can figure out a way of resolving the matter. First we would pull the case to see if there is an active warrant, then meet with the prosecutor to get a non jail disposition. Good luck!

    11 lawyers agreed with this answer

  10. How long is the usual probation period for a 2nd DUI in Orange County, CA.

    Answered 9 months ago.

    1. David S. Kestenbaum
    2. Reve Gerardo Bautista
    3. Joseph Briscoe Dane
    4. Peter John Marek
    5. Cambria L Lisonbee
    6. ···
    15 lawyer answers

    It is usually 5 years on a second offense, although sometimes you can get 4. It depends upon how old the prior is; ie are you still on probation for the first one or is it 7 or so years old. Also, what your BAC was, whether there was an accident etc. More info is needed. But you are looking at a minimum of 4 years.

    11 lawyers agreed with this answer

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