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Eric Paul Ganci
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Eric Ganci’s Answers

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  • If my friend had a Dwi in Texas 3 years ago and the case was sealed, then got one in Cali now, would that be considerd

    would if be considered first offense in the state of Cali or 2nd?

    Eric’s Answer

    As long as the TX info shows, both DMV and the Courts/DAs will probably charge this as a second offense. However, it does not stop there. Different states define "driving" and being "under the influence/impaired" differently. CA has one of the higher standards across the nation, and so it depends what can be proven based on what info they have, and TX law v. CA law.

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  • Can I get a DUI fine reduced/changed to something else?

    I got pulled over for my first and only DUI & was fined $2200. I have been paying the minimum amount required every month and am wondering if it is at all possible to get the remaining balance of $1000 reduced/changed to community service, etc. w...

    Eric’s Answer

    I agree with Fremont that Judges in San Diego can be open to considering this, but they usually switch it to public work if you have the health to do it, and if not, maybe community service.

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  • If a DMV record says you are charged with a conviction of Vehicle Code 23103a, does that mean you have a DUI on your record?

    The record lists Driver License restriction effective as of 03-07-12, says order mailed 03-14-12, and then says REASON: "Excessive Blood Alcohol Level". It then says ACTION ENDED 03-07-15. It then lists CONVICTIONS and says: "VIOL/DT CONV/DT SEC/V...

    Eric’s Answer

    If you were convicted of a wet, and not a DUI, then you should not have a DUI (VC 23152) on your record.

    The "excessive alcohol" may be coming from the dmv hearing suspension, as they can still suspend with a DUI arrest from the dmv hearing, even if the court side was reduced to a wet.

    The 3 years may be the probation period, since in San Diego a wet usually carries 3 years summary/informal probation.

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  • Do I need to go to trial for being charged for a blood alcohol content below .04% if the other party was not harmed?

    My brother was charged for a DUI in the state of California, his blood alcohol content level came back below .04% however our lawyer told us that the DA is unwilling to dismiss the case because the car accident (my brother was involved in) involve...

    Eric’s Answer

    In addition to the presumption of NOT being under the influence of the chemical test reports under a .05 (discussed above in another answer)...this reporting below a .04 also begs the question of how the ran the calibrations of the machine (either breath or blood).

    Machines are usually calibrated to test within ranges. One range may be a .08, or maybe a .05. Depends on your lab. But if they didn't set the calibrations for a .04, it also raises the question of how SURE they are the estimate is ACTUALLY a .04. Lots of science to dive into, but it can be an approach to use against the DA who probably doesn't know this stuff.

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  • I got arrested for a DUI but never had blood taken from me when I got to jail, but my paperwork says I gave blood.

    Do I have grounds to have my case dismissed? I never had my blood taken only test they had me take was a breathalyzer test when I got pulled over. Everybody in the holding tank that got arrested for a DUI had their blood taken except me. Any advice?

    Eric’s Answer

    The original Avvo message said this was from San Diego, but now it's saying it's from Vallejo. The breathalyzer before arrest is called the PAS (preliminary alcohol screening test), although in some parts of CA, once they do a PAS, they convert into an ePAS for an evidential chemical test (I know, I don't agree with this either..). So that may be what happened.

    If not, and if they only have a PAS on you, they can still prosecute, and the law allows for them to use that number as your BAC as long as they can lay foundation. But those machines have limitations that can be argued.

    Case dismissed? It really depends on more facts of your case (driving, field tests, foundation of the machine(s)), and the politics of how they prosecute cases where you are.

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  • Charged with a federal DUID

    Hello, I was charged with a federal DUID because I drove onto a a Marine Base in San Diego, Camp Pendleton. I failed all field Sobriety tests, however, I blew a 0.00% BAC, I didn't refuse any other toxicology tests because I wasn't reque...

    Eric’s Answer

    Hmmm, some red flags. If they thought you were impaired by drugs, they're supposed to run a DRE exam (drug exam) which is different than an alcohol DUI exam (eg, testing for pulse, muscle tone, etc). And if they didn't retain any samples to test for alleged drugs found, providing you possessed actual drugs is super suspect. They can't just rely on an officer's word that s/he found a drug. They need to test it to prove it beyond a reasonable doubt. I just did a huge drug training at a lab in Chicago, so really geeked on drug testing.

    Also a red flag for someone telling you to plead guilty when you don't know any real evidence against you. Sounds like lots of science and procedure to dive into, and military police screw things up all the time.

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  • How long will my license be suspended for DUI?

    I lost my DMV hearing back in July and was informed by them that my license will be suspended from August 7 till December 6. Conviction followed on November 5 and I received a letter from the DMV that now I can't get my license back until May 5. ...

    Eric’s Answer

    • Selected as best answer

    It's a common problem with how dmv sends their form letters, because they are super confusing. It should be 6 months total since the suspension from the dmv hearing (4 mo) and the mandatory suspension from the DUI conviction (6 mo) overlap.

    If you do go into dmv to ask, keep in mind many DMV field office employees get this wrong, but may be super strong with you because they are used to being strong with people in line just to keep the bodies moving out the door. Lately in San Diego the field offices, including the managers, have been wrong and the client had to have DMV field office call mandatory actions (they have a straight line to them).

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  • Can I move out of state while still serving summary probation for a DUI?

    I recently was convicted for a DUI and am on summary probation for 36 months. I have paid my fines and completed my mandatory class. I'd like to move back to the east coastal be near family and get a fresh start. I am allowed to move to a differen...

    Eric’s Answer

    Generally being in summary probation just means to "violate no laws." So moving out of state may be ok. But if may depends on how the court defines or enforces it, if moving out of county or state is an issue. You may want to check with your private attorney or public defender on your case to make sure everything is ok with moving.

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  • Can I "move" to Mexico while on summary probation for a misdemeanor DUI?

    I recently was convicted of a DUI. I've now completed my mandatory class, paid my fines and have done my community service but am only 3 months into my summary probation. I have an opportunity to live in Mexico for extended periods of time (repeat...

    Eric’s Answer

    Ultimately it's probably up to how your court either laid out or defines being on summary probation...but general summary probation deals with "violating no laws." So that generally does not exclude moving away to a different jurisdiction. Maybe making moving ok, because it's not like formal probation. But you may want to check with the attorney you had, either private or public defender.

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  • What are my best option? (Traffic & DUI related)

    I have two dui related bench warrants and recently got into a car wreck. (mom is diabetic and her sugar was dropping and my little sister just had a baby a week ago none were able to really drive. ) I was asked to get the car in making a turn a ca...

    Eric’s Answer

    It really depends. If you go in by yourself, you can bring documentation of everything that happened for this incident, and all documents showing you're able to move forward now with the fines and other requirements. You may also try to get these requirements started or updated before going to Court so you have something to show and tell.

    Also, if you're cited as a ticket, depending on the county, you may be in traffic court and not in misdemeanor Court...so going to court on the traffic ticket may not clear everything up.

    Judges in San Diego can sometimes be lenient depending on the facts, how many times you've asked to continue probation terms, etc.

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