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Eric Paul Ganci
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Eric Ganci’s Answers

192 total


  • Arrested for DUI Drugs/23152 (e) vc, have a question about DMV APS hearing.

    Hello, was recently arrested for DUI Drugs in San Diego, California. As for my DMV hearing, I'm curious as to what the chances are of DMV setting aside my licence suspension if my BAC was 0.00. Also, what other factors can come into play on th...

    Eric’s Answer

    If no alcohol, you should get a set aside. But if convicted of DUI in court, then DMV can and will suspend from that. But there may be options there, if you either get the charges reduced to a wet reckless (or lower), or if the case is dismissed or you win at trial.

    Get ready for a fight ok a drug DUI in San Diego, as the prosecutors got a grant to prosecute drug DUIs. Although there can be many arguments in a drug DUI. Lots of science to dive into.

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  • Is 5k a lot of money for an attorney?

    2nd duo offense under 21

    Eric’s Answer

    • Selected as best answer

    I agree with the other posts. 5k can be reasonable as long as the attorney addresses your case as an attorney, and isn't just running their law firm as a business mill. You can find out those firms by asking them to explain the scientific side of the DUI (eg. how does breath/blood testing work), and just seeing how they present themself either online or when you talk with them.

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  • Arrested for DUI drugs/ pc 23152 (e) VC, but wasn't under the influence at all. What can I do?

    Hello, Recently I was arrested for driving under the influence of drugs in San Diego, CA. I was on my home from a family dinner when I was stopped for having a light out on my vehicle. Officer asked if I had any alcohol that night, to which I ...

    Eric’s Answer

    First, you must request a DMV hearing within 10 days of arrest. That's calendar days, with the day of arrest (or when the officer took your license and gave you a pink slip) counting as day 1. DMV most likely will not suspend from this action if the alcohol reading is

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  • If I get my prior DUI taken off, will I be required to take the second offender course by the DMV?

    I have a DUI with a BAC of .11%. I set the DMV hearing myself and got the reports. I have a prior from 2012. From speaking to some attorneys there is several issues in the case and they tell me one potential resolution would be the prosecu...

    Eric’s Answer

    If DMV sees it as a 2nd DUI, if you're convicted of DUI, either as a 1st or 2nd offense, DMV requires the multiple conviction program. You'd need no conviction of DUI (either dismissal or wet reckless, etc.).

    This is assuming the prior is from CA and is not an out of state prior, which may change things.

    On a .11, there may be some arguments, depending on various science and legal issues.

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  • RN charged with DUI. If charges are reduced to reckless driving, how will that affect my license?

    I was pulled over going around a turnabout, and had drank 2-3 cups of beer, the last one being about 1.5 hours prior to driving. After passing the field sobriety test, I was asked to perform a breathalyzer, which resulted in 0.122%, and 2 minutes ...

    Eric’s Answer

    It's really a question for a licensing attorney. My general understanding is the nursing board sees it as an alcohol-related offense, and they don't really care if it's a wet versus a full DUI. From what I've been told, they care more about the facts in the reports, so hopefully your cooperation with the officers. Here is the link for attorneys who do this area in San Diego, and you can search a similar list around you: http://www.avvo.com/licensing-lawyer/ca/san_diego.html

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  • If I am convicted of a VC 23152(b) and another misdemeanor offense two months later will I have a probation violation?

    My DUI and other misdemeanor offense occurred very close in time and I just want to get the cases over with and not drag it out any longer. Will I have a probation violation if I plead guilty to the DUI and one month later plead guilty to the othe...

    Eric’s Answer

    Probably, yes. However, depending on what the facts of either case are, and if you're doing everything you're supposed to be doing for the DUI probation, the Judge may just revoke your DUI probation, but then immediately reinstate you on the same terms without giving extra punishment. It just depends on what happened, where things sit, who the Judge is (different Judges in SD handle this differently).

    Usually what the Judges care about is if you're already starting the DUI class, paying the fine, doing the public work (if ordered) and MADD class. Maybe AA meetings.

    It can be helpful to have all those things started, so you can show the Judge this other arrest was just a mistake and you're really on track with taking probation seriously.

    Should also say, it depends on the second case, and if that case can be proven. If not, then maybe it's not a probation violation.

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  • What are the alcohol limits in California for biking and car? Starting what levels I can get fined resp. arrested? Thanks

    CA

    Eric’s Answer

    Depends on many things. If you're under 21 or on probation for DUI, then it's zero tolerance (0.010). If not, then the legal (per se) limit is 0.080.

    Biking? Motocycles have the same rules as cars or any other "vehicle." Bicycling? No legal or per se limit, but like a DUI while driving a vehicle, you can be convicted of being "under the influence" while on a bicycle. So while the BAC # may be relevant, there is no cut off level really.

    As you can see, there are lots of legal concerns and definitions with the question.

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  • Is it possible to get a wet reckless after being convicted of a prior DUI?

    What if it is a third offense? Can I get a wet reckless if I previously had two DUI (VC 23152(b)) convictions over the last two years.

    Eric’s Answer

    It really depends on the facts of this case, and the prior cases. It also depends on the politics, for the different counties in San Diego (each county plus cases a little differently). While the prosecutors will probably want to shoot first and ask questions later (if even) if you have recent prior DUIs, it really depends on many different factors in your case, what the chemical test issues are, etc.

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  • Third dui

    I have a great job which i need to keep to pay my bills i just recently got a 3rd dui and i wanted to kno what is the possibility the judge will grant me house arrest if I have a full time job

    Eric’s Answer

    There may be options. The CPAC home confinement GPS bracelet (that the other attorneys are mentioning), work furlough (where you work and go "home" to a dorm type living), and maybe some other options. Sometimes alcohol monitoring bracelet.

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  • How to get around a cite release for DUI that says I need to be in court in 30 days and stay in California? I live in Wisconsin.

    I have been staying in California for a few months but still have my out of state drivers license and plates from Wisconsin. I got a DUI and was released via cite release which states that I must appear in court in 30 days and not leave California...

    Eric’s Answer

    You can call lawyers around the area you were arrested, and where your Court case will be. As long as it's a misdemeanor case, in California, usually YOU don't need to be in Court. Usually you can have a attorney do that for you, as California Penal Code 977 allows for this. May be worth calling around to see how the Courts work where your case will be.

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