Eric Paul Ganci’s Answers

Eric Paul Ganci

San Diego DUI / DWI Attorney.

Contributor Level 12
  1. Is it indispensable that one hires a DUI lawyer for (a very serious felony) DUI case vs. a criminal defense att.?

    Answered over 1 year ago.

    1. Matthew Murillo
    2. Tina Marie Barberi
    3. Eric Paul Ganci
    4. Michael Korry Bialys
    5. Joseph Salvatore Farina
    6. ···
    8 lawyer answers

    It's all in the science. Have any attorney you talk with explain the science of a DUI, what their expert will say, and how to rebut that. The California DUI Lawyers Association has many great DUI Trial attorneys around San Mateo. Many general criminal attorneys do not understand the science behind a DUI.

    18 lawyers agreed with this answer

  2. What kind of penalties am I facing? Any jailtime? and how long will the DUI classes take to compete.

    Answered over 1 year ago.

    1. Eric Paul Ganci
    2. William Mathew Concidine
    3. Andrew Michael Limberg
    4. William Peter Daley
    5. David Philip Shapiro
    5 lawyer answers

    I think this question was posted yesterday, right? You're not looking at jail time if you plead guilty before trial, and probably even if you do go to trial. San Diego Judges use a standard sentencing guidelines for DUIs (and all misdemeanors). This standard sentencing does not include jail time. DUI class will be 3 months, twice a week for ~1-2 hours the first half, and once a week for ~1-2 hours for the second half. With the expired registration, there may be an addition charge...

    14 lawyers agreed with this answer

  3. I recently gotten charged for my second DUI new years eve. I had accidently side swipped a cop car this will be my second DUI.

    Answered over 1 year ago.

    1. Elliot Rahmim Zarabi
    2. David Philip Shapiro
    3. Eric Paul Ganci
    4. William Peter Daley
    5. Matthew Murillo
    6. ···
    8 lawyer answers

    DUIs usually turn on the BAC. Even though hitting the cop car is not the best of facts, especially on New Years Eve, it usually comes down to your alcohol number (and how they tested either your breath or blood). Assuming your case is downtown San Diego, there is a particular way to play the politics down there at the different stages of your case. Keep in mind you have 10 days from the date of arrest to set up the DMV hearing, with the arrest counting as day 1. That hearing can really steer...

    12 lawyers agreed with this answer

  4. Second dui blew .34 what are the max penalties in san mateo county?

    Answered over 1 year ago.

    1. James E Dunn
    2. Eric Paul Ganci
    3. Michael Korry Bialys
    4. Mark K Rosenfeld
    5. Joseph Briscoe Dane
    6. ···
    6 lawyer answers

    I don't know how San Mateo handles DUIs, but those breath numbers raise a red flag. Usually people can only blow or bleed BACs into the .30s if 1) they are really, really, really intoxicated (eg, blacked out) or 2) there is a problem with either the breath machine or breath sample given. Hopefully some attorneys from San Mateo can shed some light.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Officer said I ran stop sign under oath I have on tape during stop other officer saying he watcdhed me stop to his sargent.

    Answered about 1 year ago.

    1. Paul Henry Neuharth Jr
    2. David Philip Shapiro
    3. Oscar Rene Gutierrez
    4. Eric Paul Ganci
    5. Ross Carl Goodman
    6. ···
    8 lawyer answers

    DUIs can come down to bad cop, bad case. Sounds like something to attack the credibility of the officer(s), and that can steer the trial or negotiations. It can be a solid tactic to pit the officers against each other, and use the DMV hearing to lock them into their testimony early in the case. Also comes down to the BAC, and the science behind it.

    11 lawyers agreed with this answer

  6. I was just charged with this violation but there was no breathalizer or blood taken from me but i did refuse to take them

    Answered about 1 year ago.

    1. Douglas Holbrook
    2. Matthew Murillo
    3. Eric Paul Ganci
    4. Oscar Rene Gutierrez
    5. Charles K. Kenyon Jr.
    6. ···
    6 lawyer answers

    If it was a refusal, DMV can still take action (for the refusal), but it'll be a question as to whether the prosecution can prove you were either 1) under the influence, or 2) at or above a .08. They need the BAC for that. Also, the refusal is an enhancement to the DUI charge. So if they can't prove the DUI, then they'd never get the chance to prove the refusal (again this is for the Court criminal case). You can look on the pink slip the officer gave you. Towards the top, there are...

    11 lawyers agreed with this answer

  7. I have a 2nd DUI with the DMV in California, but only a 1st time conviction through the courts. Can I get a restricted license?

    Answered over 1 year ago.

    1. Eric Paul Ganci
    2. Debra Sarah White
    3. Mark K Rosenfeld
    4. Joseph Briscoe Dane
    5. Bradley R Corbett
    6. ···
    7 lawyer answers

    The answer is "it depends." I actually just did a blog about getting a restricted with similar circumstances (link below). If you plead guilty on DUI, DMV will treat it as a second offense, and you can get a restricted either after 1) one year (with no IID), or 2) wait 90 days and stick the IID in your car (although according to DMV Mandatory Actions Unit, they would not allow this, and you may need to file an appeal/writ). Clear as mud.. Other hoops to jump through (SR-22, enroll into the 18-...

    11 lawyers agreed with this answer

  8. Two strikes, just picked up DUID charge?

    Answered about 1 year ago.

    1. Eric Paul Ganci
    2. Tai Christopher Bogan
    3. Mark K Rosenfeld
    4. Andrew Michael Limberg
    5. Matthew Murillo
    6. ···
    6 lawyer answers

    The prior strikes for a charge involving heroin increases how the DA in North County San Diego will approach the case (assuming it's in North County since you posted from San Marcos, although the other San Diego counties may take a similar approach). However, it will turn on whether they can prove the current drug DUI. Drug DUIs are much more difficult to prove than prosecutors think. Did the officer perform a legit drug analysis (it's different than an alcohol DUI investigation)? Is the...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I was arrested for a DUI after hitting a curb last night. My BAC was a 0.08. I have no prior record

    Answered over 1 year ago.

    1. James Kevin Hayslett
    2. Eric Paul Ganci
    3. Mark K Rosenfeld
    4. Keith G Langer
    5. Charles K. Kenyon Jr.
    6. ···
    14 lawyer answers

    The prosecutors in San Diego key into the BAC number. They'll assume all the alcohol at the time of driving was fully absorbed and that you were coming down, although there are scientific arguments against that. And since you did a breath test (assumed since you already have the numbers), there will be a greater range of uncertainties (+/- a certain percent). So reasonable that your BAC would be under a .08, especially since you did well on the tests (although the prosecutor will have their...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Would it be cheaper for me to plead guilty or hire an attorney for a first offense non-injury minor dui?

    Answered 3 months ago.

    1. Eric Paul Ganci
    2. Matthew Murillo
    3. George B. O'Neill
    4. Troy Slaten
    5. Victoria L Clemans
    6. ···
    8 lawyer answers

    I really depends. Sometimes not having an attorney can cost you more, if you don't get good representation or advice. But you can also hire an attorney who has no idea what they're doing. Having said that, there much more to learn about your case: where there a second breath sample, how was the machine operating/calibrated, etc. Also, sometimes underage DUIs can be negotiated to something less than a DUI...it depends on your case and the politics around that Court.

    10 lawyers agreed with this answer

Trained on breath and blood testing. Trained to train police on field tests.

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