Debra Sarah White's Answers

I got a DUI Saturday - My attorney told me I could go into the DMV and request a replacement ID for my "lost" drivers license

If your driver's license was taken because you were arrested for DUI, you cannot get a new license pending the proceedings or suspension/revocation periods. Your license is the pink sheet of paper they gave you (the 30-day temporary license). If your license is not legible on this sheet of paper, yes, you can request another one from DMV, but you will just get another piece of paper. Debra S. White, Esq. Los Angeles DUI Defense Attorney debra@dwhitecriminaldefense.com

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Dropped Criminal Threat charges?

DO NOT SPEAK TO THE POLICE WITHOUT AN ATTORNEY! This is the most important advice anyone can give you. Also try to avoid discussing this incident with anyone until you have met with an attorney. What you say could harm you much worse than what this person claims you said. Also, this person does not have the power to "drop charges." If the police are investigating, it is up to the prosecutor. You could retain an attorney before charges are filed to assist you and help prevent charges from being...

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Self Surrender- 3 Bench warrant for suspended lice faliure to appear....What are the benefits of surrendering?

The benefits to surrendering on a bench warrant is that you avoid harsher consequences by voluntarily handling the matter than you would if you were picked up by the police, for example, less or no time in jail, more leniency from the Judge, etc. I strongly suggest that you retain a criminal defense lawyer to recall the bench warrants for you, especially since you have one in Los Angeles Court and one in Ventura Court. An attorney may be able to recall your warrants without you having to appear...

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Does a high BAC and an accident (no injury, crashed into a tree) affect the fine/sentence of my DUI?

My colleagues are correct. You will face a 6 to 9 month alcohol program instead of the minimum 3 month program for a first time offender. You also face higher fines and they may ask for jail. A good attorney would be able to negotiate for a non-jail sentence despite the high BAC and the accident. Reasonable alternatives are the longer alcohol program and CalTrans or community service. Keep in mind, however, that you will usually spend less time in a Los Angeles County jail than you might spend...

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Market for Identification during Trial

It means it will remain in the court file and can be used by the attorneys to refer to it during trial but will not given to the jury when they deliberate or considered "evidence" until "admitted into evidence."

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Looking for attorney

1. Make sure the attorney has a lot of experience representing people accused of DUI. Ask how many people they have personally represented for DUI. Has the attorney represented clients in trial for DUI? What is their trial experience (DUI and other criminal cases). 2. Make sure the attorney you talk to is also the attorney who will be representing you. Be careful of big name firms who give you the sales pitch and then hand you over to a less experienced associate. At a minimum, interview the...

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Will I need a attorney for a guilty plea to underage DUI,,

I would never recommend anyone pleading guilty to a DUI without first consulting with a lawyer experienced with handling DUI cases. DUI's can be fought for many different reasons, all having very little to do with the fact that your son may have had something to drink. And, even if it turns out that there is nothing a lawyer can do to get the DUI dismissed, a lawyer can minimize the sentencing consequences by plea bargaining with the prosecutor, and can assist by negotiating over the amount of...

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Unconstitutional/unlawful reason to approach vehicle? - DWI

Depending on all the circumstances, you may have a defense based on unlawful search and seizure or unlawful arrest. You will need an attorney to analyze your case in detail and to argue on your behalf. These defenses are complicated and require much legal research and writing. If successful, you may be able to get your entire case dismissed. Debra S. White, Esq, 310-909-8638 www.bestduidefender.com

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Is it illegal for an officer to ask for information and offer to let you go?

A cop can ask, but you have a right to remain silent and should not talk to them without first speaking to an attorney about the particular matter. As far as promises go, be very careful. Cops are allowed to lie to you.

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Should I ignore my civil demand letter?

They can legally sue you if you do not pay but it will cost them a lot more than $300 if they do take that route. If you want to try and pay it, contact them and ask to make payments. They will agree to a payment plan.

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