Ronald Daniel Hedding's Answers

I was reading and a lawyer said an OPEN CONTAINER left in PLAIN VIEW is probable cause to search for more contraband?

Your question is not totally clear. If it was a lawful stop, the police suspect you of being under the influence and they smell alcohol in the car...then they would likely have probable cause to find the alcohol. I do not believe, under those circumstances, they could lawfully get in to a locked briefcase...unless you gave them consent.

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I was in jail 1yr, took plea for time served & 3yrs probation. If i get a violation, am i maxed out on county time already?

Another alternative, not mentioned above, is that you could waive your back time credits and still receive a jail sentence without going to prison.

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Waived Speedy Trials

Once you waive time, you are not going to be able to recind it unless the judge finds good cause to do so. You are not going to find any case law that gives a defendant the authority to recind a time waiver.

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What happens if I don't appear in Traffic Court? Bail already paid.

You should take your lunch hour from work and go to the clerk of the court and see if they can vacate the court date...since you already paid fine. If not, you should appear in court as scheduled.

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Dui dispositions

In my opinion, both misdemeanors are about the same. Although if I where your attorney, I would call the DMV and discuss it with them. Last, see if you can get 2 moving violation infractions instead. Good luck.

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What happens regarding the "rebuttable presumption" when a blood test is not given within 3 hours of driving?

You have two issues in your favor that I can see: 1) You were not drivng when the police observed you...unless you were blocking the road, that is a glaring problem for the prosecution to prove the case against you; 2) Second, it will be an extremely tough road for the prosecution's expert to prove what your BAC was at the time of driving. You should hire an attorney to press your rights...if the case is filed against you. I personally would have to read the police report before I could...

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What are Sequential Numbers for?

The strip gives you your blood alcohol result. You should consult an attorney and give them all of the facts, so they can give you an accurate assessment of your case. I would be happy to give you a free consultation over the phone or in person. Sincerely, Ron Hedding Lead Attorney Hedding Law Firm (818) 986-2092 ronaldhedding.com

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I have court for petty theft it is my first offence i dont know wat to do or expect.

On a first offense, there is typically no jail time asked for by the prosecutor. The amount of the theft will be a huge factor in how the case is dealt with by the prosecutors. If it is less than $50-$100 there is a good chance to prevent a filing, get a diversion program, and / or an infraction. If the theft is more than $100, there are other alternatives, depending on the sophistication used to take the items. The courthouse the case is in also matters. You can contact me at (818) 986-...

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Are most gang-related shootings 2nd degree murders?

The degree of murder is determined by the facts of the case and the intent of the shooter. Whether the shooter acted with premeditation and deliberation. In general, it is fair to say that if someone commits a drive by shooting they will be charged with second degree murder. They will also be charged with a gang enhancement and a gun allegation. In this scenerio the person's exposure would be much greater than 20 years.

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What could be the penalty for a minor drinking?

The above answers are correct. The most likely form to take away the license would be the juvenile traffic court.

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