David S. Kestenbaum’s Answers

David S. Kestenbaum

Van Nuys Criminal Defense Attorney.

Contributor Level 13
  1. Should i report him?

    Answered 16 days ago.

    1. David S. Kestenbaum
    2. Nima Haddadi
    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

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

    Answered 2 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

  3. I am self surrendering july 11 to lynwood on a 2nd dui and max sentence is 50 days. What is the crowding like now?

    Answered about 2 months ago.

    1. David S. Kestenbaum
    2. Greg Thomas Hill
    3. Valarie A McNeice
    4. Julia E. Simmons
    5. Jason Franklin Coker
    5 lawyer answers

    No one can tell you for sure how long you will do. You should also have a day or 2 of credits off the 50 days. Lynnwood is not as crowded as the men's jails. At this point, just hope that they screen you and release you.

    11 lawyers agreed with this answer

  4. I got a DUI 4 months ago.Since then i have not started my assigned programs because of financial hardship. Now i want to start

    Answered about 1 month ago.

    1. Mark K Rosenfeld
    2. Reve Gerardo Bautista
    3. David S. Kestenbaum
    4. Craig Michael Sturm
    5. Oscar Rene Gutierrez
    6. ···
    6 lawyer answers

    Judges will usually give you a re referral to the program, but you should not have waited so long. Contact your public defender immediately so your case can be put on calendar. The longer you wait, the more likely you will be put in custody. You can also ask for a fee evaluation.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. How can I apply for a public offender for a 1st time DUI case? And can my case be dismissed?

    Answered about 1 month ago.

    1. David S. Kestenbaum
    2. Andrew Stephen Roberts
    3. Victor Murray Hwang
    4. Jason Franklin Coker
    5. Joshua Kaizuka
    5 lawyer answers

    You cannot get the Public Defender appointed until you appear in court on August 7th. The Bailiff will ask the audience who wants the PD and you will have to fill out a financial declaration and application. The Court then appoints one for you. HOWEVER, you only have 10 days from the date of your arrest to request a hearing with the DMV to try to save your driver's license. If you don't comply in time, your license will be suspended 30 days after your arrest. The PD does NOT do DMV...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Is there a jury instruction for Penal Code Section 245(a)(4)?

    Answered about 2 months ago.

    1. Robert Lee Marshall
    2. Joshua Kaizuka
    3. David S. Kestenbaum
    4. James Roy Dickinson
    4 lawyer answers

    PC 245(a)(4) is Assault likely to cause great bodily harm. It used to be combined in the other sections. If there is no Calcrim or Caljic on point, you would simply use the definition of "likely to cause great bodily harm" in addition to the other ADW instructions. If you are charged with this crime it is very serious and you should hire an experienced attorney who will find the correct jury instructions to apply to your fact pattern.

    8 lawyers agreed with this answer

  7. DUI Refusal - Drivers License Suspension 1 year for refusal

    Answered about 2 months ago.

    1. Mark K Rosenfeld
    2. Chad Raymond Maddox
    3. David S. Kestenbaum
    4. Sharon Paris Babakhan
    5. Hudson Thomas Bair
    6. ···
    8 lawyer answers

    No, there is no restricted license you can get if the DMV upheld the refusal. Since they got a search warrant, it is considered a "forced blood draw" and a refusal by the DMV. Hopefully you had an attorney at the hearing. You can have them do an administrative appeal if there are issues regarding the refusal such as poor communication, language issues, dirty lab etc. It is very difficult to convince the DMV unless some of these issues can be shown. Also, you need a good attorney for court...

    8 lawyers agreed with this answer

  8. Should i be worried?

    Answered over 1 year ago.

    1. Curtis Lamar Harrington Jr
    2. David S. Kestenbaum
    3. Andrew Stephen Roberts
    4. Alexander M. Ivakhnenko
    5. Mark E Bratlien
    6. ···
    8 lawyer answers

    First of all, you should NEVER consent to a search of your car without a warrant, especially if there are items in it that you are not sure what's in them. As far as whether you should be worried, if this happened in Ventura county, you should be worried! I presume you either bailed out or were released. Now is the time to contact the DA to try to keep them from filing a "transportation" charge against you. It is important to know who if any one, was next to the backpack and if there is any...

    8 lawyers agreed with this answer

  9. Sorry, no results matched your search for “What Do I do in this case... I do not have an income currently and can not pay classe

    Answered about 2 months ago.

    1. David S. Kestenbaum
    2. Matthew Murillo
    3. Troy Slaten
    4. William W Housley
    4 lawyer answers

    You need to go to court immediately and ask for the Public Defender to be appointed if they didn't represent you at the time of your plea. If they did, go to their office and tell them your issues. The court can Order a Fee Evaluation for the classes, but have nothing to do with car registration and insurance. The DMV will keep your license suspended if you don't maintain insurance. You can contact Breath Easy insurance to get a low cost SR 22 filed for you that will cost a few hundred...

    Selected as best answer

  10. What are the possible consequences of failing an IID twice and passing on the 3rd try (after 15 minutes of the failures)

    Answered about 1 month ago.

    1. David S. Kestenbaum
    2. Jay Scott Finnecy
    3. Michael David Barber Jr.
    4. Michael Jon Fremont
    5. James Roy Dickinson
    6. ···
    6 lawyer answers

    The monitoring company may report the fail to the court that would then have a possible probation violation. You would then have to explain why it showed alcohol (although mouth wash should show a very high reading and dissipate quickly, make sure you are telling the truth! In the future, you should only use mouth wash that does not contain alcohol. You should contact the attorney who represented you at your plea in case there is a violation noted.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

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