Aaron Todd Hicks's Answers

New law in effect today (SB 598). Does this apply to second DUI offenders currently serving a revocation or suspension?

This bill was absolutely not changed to make it 1 year suspension again. The new bill SB895 was signed into law on June 22, 2010 and cleaned up SB 598. SB598 only applied to court convictions and said you could get a restricted after 90 days with installation of an IID, etc., but if you lost the DMV hearing, you were screwed for a year. SB895 now applies to both DMV and court and you can get it after 90 days regardless. However, it appears at this point it is only for offenses on or after 7/...

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How should I defend myself for a ticket about using a leaf blower?

Don't try to handle this yourself. As ridiculous as this violation is, you need get an attorney to help you out to fight this charge. You are facing a misdemeanor, which will go on your criminal record and possible jail time if convicted. Spend a little money to fight this thing. Go see a local criminal defense attorney for a free consultation. You may be able to get this thing dismissed or dropped down to an infraction. www.sandiegocriminaldefensefirm.com

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Charge with caustic chemical

Per Penal Code 12403.7, a person may possess and use pepper spray in self-defense. However, if used unlawfully, that person can be charged with either a misdemeanor (up to 1 year in county jail), or as a felony (sentence range from 16 months to 3 years in state prison). Go see a criminal defense attorney for a free consultation as soon as possible. www.sandiegocriminaldefensefirm.com

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If i was told ticket is voided what does that mean?

Need more information please. What VC section of speeding were you cited for? What court? Who voided the ticket, cop, judge? www.sandiegocriminaldefensefirm.com

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I have a restricted license and i got a ticket for driving on restricted for dui, speeding 77 in 55, regrestration not in car

This should have no effect on your class and you will be able to finish the last one. How did the officer know you weren't going to work if it was during work hours? Did you make an admission? Don't answer those questions on this public forum. Get a lawyer to help you out and you may be able to beat this if the DA cannot prove you were operating to/from or during the scope of your employment. If the DA charges you with VC 14601.2, then you are facing a minimum of 10 days in jail if...

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Boyfriend got arrested and charged with driving in a suspended license because of a dui what should i expect in court

Thank you for your question. He was more than likely arrested for Vehicle Code 14601.1, because of his unpaid fines. He should consult with a local criminal defense lawyer to discuss possible defenses. If he now has his valid license back an attorney may be able to get the charge dismissed or dropped down to an infraction. I have also had some success in contacting the local police department and speaking to a supervisor to get the car released to the registered owner if they have a valid...

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DUI with Injury as a Misdemeanor - VC 23153

If convicted of a misdemeanor, you face 90 days to 1 year in county jail if probation is not granted. Even if probation is granted, the mandatory minimum is 5 days in county jail. Your license will also be suspended for a period of 1 year with no chance of a restricted license. Get a lawyer ASAP. If your case lacks defenses, your lawyer may be able to negotiate your case down to a regular DUI VC 23152, which does not carry a minimum sentence and the license will only be suspended for up to...

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Do I have to take a driving under the influence class?

You have 2 options following the DMV Admin Per Se hearing negative decision: 1) Sit out the entire 4 months of suspension and not have to take a class, or 2) Sit out for only 30 days, then apply for a restricted license, which will be for 5 months This is separate from the court. If you are acquitted, obviously you don't have to do a class. If you are convicted of DUI, the court will make you do the 3 month class that Mr. Driessen referenced. www.sandiegocriminaldefensefirm.com

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Do I need ignition lock to get my license back in California?

There is much more information that an attorney would need to know to answer that question. Did the court order you to do one? Did DMV send you a notice to put one on? I would advise that you contact the attorney who assisted you in this case. You can also contact DMV Mandatory Actions Unit at (916) 657-6525, who should be able to give you the current status of your license and if you need to do anything else to get it back. Good luck. www.athlaw.com

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If an unarmed person was shot by police by misunderstanding?

If it was an honest mistake on the officer's part, I doubt that the DA would file any charges against him unless his actions were deemed otherwise after investigation. If you are the officer, I would get a lawyer to protect your interests just in case. If you were the victim, I would contact a civil attorney to address your options against the officer and department.

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