Daniel M. Fox’s Answers

Daniel M. Fox

Riverside Government Attorney.

Contributor Level 12
  1. What are my charges. Do I need a lawyer? DUI

    Answered about 1 year ago.

    1. Cambria L Lisonbee
    2. Michael Kevin Cernyar
    3. Wade J. Skalsky
    4. Richard Kim
    5. Dan Eugene Chambers
    6. ···
    14 lawyer answers

    First - make sure to contact the DMV within 10 days of your arrest and request a hearing on your APS status. Do this to preserve your hearing rights re your license. (You were probably given a DS367, "pink sheet" as your temporary license. The DMV info should be on there.) Second - start interviewing qualified DUI attorneys. You want to find one you feel comfortable with and can work with. Your interview process should give you a better understanding of the process you are just starting...

    17 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My husband got a B.S. DUI in orange county CA. That was 2004 or 2005. What should we do?

    Answered over 1 year ago.

    1. Daniel C Grupenhagen
    2. Philip Daniel Hache
    3. Moises Aguilar
    4. Wade J. Skalsky
    5. Daniel M. Fox
    6. ···
    10 lawyer answers

    Definitely hire local counsel to recall and clear the warrant. Then have counsel try and resolve all the outstanding matters as efficiently as possible. Given the age of the case (almost 10 years) and your out-of-state status, you should have some luck in getting the matters wrapped up quickly. Also, speak to local counsel about having the original DUI conviction removed from your criminal (as opposed to driving) record. This should help you all get back on your feet and moving forward again.

    16 lawyers agreed with this answer

  3. I was at an Angel's game and was given an Open Container infraction and an MIP misdemeanor. I'm 19. Help!

    Answered over 1 year ago.

    1. Anthony Michael Solis
    2. Kelvin P. Green
    3. Oscar Rene Gutierrez
    4. Andrew Stephen Roberts
    5. Daniel M. Fox
    6. ···
    6 lawyer answers

    The two biggest consequences you face are 1) a misdemeanor record and 2) the loss of your driver's license for a year. (A 25662 B&P conviction is going to cause the DMV to suspend your license.) You don't need either of these at the age of 19. Even when reduced to an infraction, 25662 still results in the DMV moving to suspend your license. A qualified attorney can help you avoid the misdemeanor record consequence and, hopefully, avoid a 25662 conviction as well. Expect him/her to cost...

    15 lawyers agreed with this answer

  4. First offense DUI in San Diego. How to handle arraignment.. transfer classes/probation/etc

    Answered 11 months ago.

    1. Michael Kevin Cernyar
    2. Dan Eugene Chambers
    3. Lonnie L Mcdowell
    4. Michael Stewart Phillips
    5. Andrew Stephen Roberts
    6. ···
    10 lawyer answers

    Ok, first - don't write a letter to the court - they won't read it, and when it gets in the hands of the DA = he/she will read it and use it against you. Second, you might want to take the time to talk with some local, qualified, private attorneys who handle DUI in San Diego. (You can find many of us here on Avvo who offer free consultations.) A) What does it hurt you (except maybe wasting your time by making you just a bit more informed about the misdemeanor crime you're charged with)? B)...

    14 lawyers agreed with this answer

  5. I was arrested in fullerton for a dui but I live in San Diego, where is my dmv hearing located?

    Answered 12 months ago.

    1. Matthew Murillo
    2. Andrew Stephen Roberts
    3. Michael Stewart Phillips
    4. Mark Andrew Hover
    5. Michael Korry Bialys
    6. ···
    13 lawyer answers

    You "do not have any reason to fight the ticket"? You should reconsider. This is not "just a ticket" - DUIs are not like speeding or parking tickets - this is a misdemeanor criminal charge, and it will most likely follow you for the rest of your life. (Think: when you fill out that employment application and it asks about criminal convictions - what box will you have to check?) DUI law is also very complex. This isn't "cop got me on radar doing 85 in a 55 zone. No, this is much more...

    14 lawyers agreed with this answer

  6. Should I file for an administrative hearing?

    Answered 12 months ago.

    1. Cambria L Lisonbee
    2. Aaron Reuben Bortel
    3. Michael Stewart Phillips
    4. Andrew Stephen Roberts
    5. Thomas Francis McKenna
    6. ···
    10 lawyer answers

    Yes. I repeat - YES! If for no other reason than to preserve your opportunity to retain your driving privilege. If you don't file, then almost for sure your privilege will be gone, and then good luck trying to get it back. Think of it as a "place holder." Even if you later decide not to pursue the hearing, then all you have to do is give it up. But, if you don't request it in the first place - you can't request it later on.

    14 lawyers agreed with this answer

  7. I got a dui and I'm wondering if my blood test will come back for meth if I'm on 90 mgs of Adderall a day prescribed.

    Answered 12 months ago.

    1. Wade J. Skalsky
    2. Daniel M. Fox
    3. Michael Kevin Cernyar
    4. Hudson Thomas Bair
    5. Vijay Dinakar
    6. ···
    10 lawyer answers

    There is a very good chance that your blood will come back containing amphetamine (a metabolite of Adderall). So, it'll look like you took meth, when you were actually taking your prescription. Please note - having a prescription is not a defense to a DUID. (I don't need an Rx to drink alcohol, and I'm still not permitted to drive while impaired.) With the Rx list you've provided, there's a very good chance (depending on other facts and factors) that you may be looking at DUID charge in...

    13 lawyers agreed with this answer

  8. I was pulled over for brake lights not working, ended up getting a DUI, but when I took my car out the brake lights worked.

    Answered 12 months ago.

    1. Michael Jon Fremont
    2. Daniel M. Fox
    3. Hudson Thomas Bair
    4. Peter John Marek
    5. Michael Stewart Phillips
    6. ···
    6 lawyer answers

    What you're looking for is a motion to suppress based upon a lack of articulable suspicion to stop. It's a legal motion, and you're most likely going to need a lawyer to run it successfully. You should apply to the public defender for representation. You're also going to want to request a hearing on your license status from the DMV within 10 days of your arrest. Failure to make the request is going to result in the suspension of your driving privilege for one year. (You're under 21 with...

    13 lawyers agreed with this answer

  9. Taking DUI to trial

    Answered about 1 year ago.

    1. Stephen Ross Cohen
    2. Michael Kevin Cernyar
    3. Matthew Murillo
    4. Sholeh Iravantchi
    5. Elliot Rahmim Zarabi
    6. ···
    11 lawyer answers

    "almost worthless as almost always they result in guilty verdicts" - well, that's a lot of "almost"s. The truth is: the cases that go to trial are the ones that most often should - ones where there is a truly point of contention about the facts or the law. Think of it this way: - if an attorney runs a motion to suppress and wins, then the case doesn't go to trial because it is almost always dismissed at that point. (Victory for the client without a trial.) - case is weak for the...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I have a felony DUI combined all 4 into 1 felony just got 5th what are my options

    Answered 12 months ago.

    1. Paul Henry Neuharth Jr
    2. Michael Jon Fremont
    3. Peter John Marek
    4. Michael Kevin Cernyar
    5. David Philip Shapiro
    6. ···
    11 lawyer answers

    First - you should contact some of the qualified local attorneys who offer free consultations. This will enable you to have a more detailed conversation about your situation. (This forum is great, but it does have its limitations.) Second - if you can't afford a private attorney, then you want to begin the process of applying for the services of the public defender. Third - you need to focus on the new offense and not so much the violation of probation. Your new offense will...

    12 lawyers agreed with this answer