Mark Daniel Melnick's Answers

Mark Daniel Melnick
Van Nuys DUI / DWI Attorney.
Contributor Level 7

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Attorney answers:

  1. Mark Daniel Melnick
  2. Robert Lee Marshall
  3. Brian Russell Michaels

I received a speed x for my dui few years ago. What can I do to resolve this case?

Asked by a user in Los Angeles, CA - about 1 year ago.

Yes you can have it expunged per Penal Code Section 1203.4 once youyr probation is over. Fill out and file a from CR180 and the order CR181 and pay the $120 filing fee. Before you file it you need to eith deliver a copy to the City Attorneys office and get your copy stamped that it was served or file a proof of sevice with your original.

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Attorney answers:

  1. Mark A. Broughton
  2. Andrew Stephen Roberts
  3. Michael John Harrington
  4. Robert Louis Miller
  5. Michael Kevin Cernyar
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Not able to pay DUI fine

Asked by a user in Riverside, CA - 5 months ago.

In all likelihood a warrant for your arrest will be issued shortly after the due date. However, if you go to the court house (best early in the morning) and ask the clerks office to let you see the judge. Most judges will grant extensions. Especially, if you have a good past payment history. On the other hand, the best way to get in trouble with the court is to do nothing. If you communicate with the court they will usually work with you.

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Attorney answers:

  1. Mark Daniel Melnick

Will I be liable for my fiances restitution if we get married?? How can I protect myself? Can we fight restitution??

Asked by a user in Vacaville, CA - 5 months ago.

Your fiance's restitution obligation is his alone and will you will not be liable for it. Neither will they be able to attach your wages. So long as there is no civil judgement issued based upon the restitution order your and his assets are not subject to enforcement action.However, a restitutiion order can be converted to a civil judgement which would be subject to normal collection practices against him. For example, any bank account with both your names on it could be the target of a writ of...

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Attorney answers:

  1. Jason Kutulakis
  2. Mark Daniel Melnick

Is there any way to legally leave my parents house at age 17 without parental consent?

Asked by a user in Three Springs, PA - over 1 year ago.

In many states there is a legal process to become an emancipated minor. You should contact a local attorney to see if you are eligable. If you leave before you are 18, it is unlikely that you will have a criminal record if you don't break any laws, although you could be brought into the juvenile system.

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Attorney answers:

  1. Omer Jaleel
  2. Mehrdad Ghassemkhani
  3. Andrew Stephen Roberts
  4. Mark Daniel Melnick
  5. Seth Andrew Weinstein

Traveling while on probation

Asked by a user in Fremont, CA - 5 months ago.

It can't hurt to tell yoir PO but you are not rquired to do so. I would also consider asking the court to consider converting your probation to summary. You are correct that a 415 misdemeanor is not very serious and if you have a good history with formal and the judge has already removed the travel restrictions he/she may granrt the request. Once your on summary probation there are noreporting requirement at all and no costs.

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Attorney answers:

  1. Christopher Carle Kingsley Parkhurst
  2. Mark Daniel Melnick
  3. Robert Laurens Driessen

Can I get a driver license replacement while my dmv hearing is pending?It had been posponed 2times already.

Asked by a user in North Hollywood, CA - over 1 year ago.

If your hearing was continued the DMV should have sent you an extension of your temporary license. If you have not received the extension, you should call DMV Drivers safety and request to have it mailed or faxed. As for your regular license, probably not if you originally received a "per se" suspension.

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Attorney answers:

  1. Craig A. Epifanio
  2. Scott Thomas Moorey
  3. Mark Daniel Melnick

If my boyfriend "committed a crime" and i was a witness. when he is bailed out can i see him?

Asked by a user in Orlando, FL - about 1 year ago.

Yes

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Attorney answers:

  1. Kevin Thomas Stewart
  2. Mark Daniel Melnick

Im 18 years old and i have two sales charges, I really need to stay out of jail I have a kid on the way??

Asked by a user in Madison, MS - over 1 year ago.

If you are also involved in drug use and you can claim that your sales are to support your habit you might have a chance of going to rehab in lieu of jail. You definately need to consult a local criminal defense attorney to review your situation and the facts of your case. I would not recomend relying on a public defender.

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Attorney answers:

  1. Rohn Conan Barrow
  2. Kelly W. Case
  3. Mark Daniel Melnick

Why does a DRIVING UNDER SUSPENSION conviction make insurance rates go up?

Asked by a user in Myrtle Beach, SC - over 1 year ago.

Pursuant to the Vehicle Code In California driving with a suspended license is a 2 point offense which makes it a moving violation. Insurance rates are based upon points and/or moving violations.

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Attorney answers:

  1. Kevin Murray Smith
  2. Robert L Fiedler
  3. Mark Daniel Melnick

Can I leave the country with a pending DUI case?

Asked by a user in Stamford, CT - over 1 year ago.

So long as you are on some kind of summary probation and are in compliance with your probation conditions you should have no problem traveling.

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