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Eric Paul Ganci
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Eric Ganci’s Answers

201 total


  • How long do I need to have an Interlock device on for from a 2nd DUI?

    I went to court and resolved a 2nd time DUI. I had a low blood alcohol level and due to being cooperative I got a break and had fair terms. I heard I do not have to wait the year out for the suspension and can get a restricted license if I get th...

    Eric’s Answer

    The short answer: If you get the IID restricted, you first wait 3 months from the start of the DMV hearing suspension, then you keep the IID in your car for the rest of the 2 year suspension. Things may be different if this offense was a probation violation from the first offense, or if you got a wet reckless on this new one.

    The much, much longer answer:
    For a second DUI within 10 years, DMV suspends your license for two years (California Vehicle Code 13352(a)(3)), although as long as your conviction did not include the use of drugs and you were only under the influence of alcoholic at the time of driving, you may apply for a restricted license by:
    Either 1) waiting one year suspension first AND completing 12 months of the Multiple Conviction Program, or 2) waiting three months suspension; AND

    -Installing an ignition interlock device (IID) and submitting a Verification of Installation (the IID company should know how to do this), and calibrate the IID once every 60 days (California Vehicle Code 23575(g), 13352); AND

    -Enrolling into the 18-month (or 30-month if ordered by the Court) Multiple Conviction Program; AND
    -Filing an SR22; AND

    -Going into DMV to apply for $125. To save time, make an appointment online. Make the appointment about a month out, because the DMV system is super busy.
    See California Vehicle Code 13352(a)(4).

    The non-IID restricted license only allows you to drive 1) to/from/for work and drive to and 2) to/from activities required in the driving-under-the-influence program (ie. DUI driver class). California Vehicle Code 13352.4(c).

    However, the IID restricted license allows you to drive anywhere you want (not just for work and DUI classes). Police may not know this though, and if you get stopped, you can explain to the officer that Senate Bill 598 addressed this issue and allows you drive with the only restriction being you must have the IID. If you want documented proof to show, you can go into the DMV and purchase an H6 Form for about $6. That will list all restrictions on your driving ability, and the only restriction should be to have the IID.

    You can only drive a car that has the IID equipped. Veh. C 23575(f)(1). However, as long as you’re not the owner of the business, you can drive as an employee without putting an IID into the company car. You just need to jump through some hoops. First you need to notify your employer your driving privilege has been restricted per Veh. C § 23700. Then you’ll need to fill out the DMV form “DL 923” and keep it in the company vehicle or in your possession. You can go into DMV to get the DL 923 form, or request it by calling DMV at 1-800-777-0133.

    There are a few IID companies in San Diego. Here’s one provider: Smart Start, 8280 Clairemont Mesa Boulevard, #145 San Diego, CA 92111, (858) 874-2585.

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  • How much does going to treatment (residential) weigh in on a DUI sentence (3rd and 4th DUI....I got them 17 hours apart this yr.

    I got DUI in Oct 2012 (got standard penalty), 2nd DUI in Jan 2015 (high BAC for all DUI's), and got house arrest, and other things. Then in July I got 2 more DUI's in 17 hours. I sold my car, got into a residential treatment center, and am await...

    Eric’s Answer

    It's a frustrating answer...but the answer is "it depends." It depends on which Judge (or Judges since you're dealing with...and whether they find out about the other cases. Also depends on the prosecutor(s). Sounds like you're taking things seriously with the treatment, and that can help with trying to negotiate probation instead of custody. It depends on how long the treatment is, and the plans for post treatment (doing SCRAM alcohol bracelet, AAs, etc.), if you have any other criminal record, etc. Because there is no other criminal record, sometimes it can be argued that you're just dealing with an addiction, and we want to treat the problem source instead of imposing jail.

    Of course, there may be scientific or legal defenses, but you can chat with your current lawyer about those. Good luck, I know all this is beyond stressful.

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  • I got a dui, 9/9/15. BAC 0.08%+ Never had suspended license. 72 years old. Never DUI. Do I need a lawyer or just plead guilty?

    La Mesa. Left brewery on Spring St. Right on University into wrong lane, going against traffic. LMPD had 3 cars on me immediately as their parking lot is right there. No accident, no injury, no passengers. Didn't pass field sobriety, J. Abbot ar...

    Eric’s Answer

    I'll give the same thoughts as I gave on my other post:

    At 72 years there can be some medical issues that may affect a chemical test rest. Examples: if you have false teeth/denture/etc, that can affect a breath machine because the air you're blowing into the machine may be picking up any pockets of alcohol, and pushing that into the machine. Also, depending on what type of breath test it was (again if you did a breath test), it may not be able to flag that contamination alcohol. Another example: if you're on any kind of blood thinners, that could thin your blood (obviously) and falsely inflate/overreport what your actual alcohol level is.

    Would need to know what you drank, what types of alcohol (because drinks have so many different %'s of alcohol), if you had eaten, etc. All that factors into trying to estimate what your actual, true BAC was at the time of driving.

    Also, your witnesses may be able to help, if they can say how you were acting (ie. not impaired), and if they saw what you drank.

    Of course, you can just walk in and plead guilty just to be done with it. It's really up to you if you want to spend the time and money with the case to dive into some of these issues.

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  • I got a dui, 9/9/15. BAC 0.08%+ Never had suspended license. 72 years old. Never DUI. Do I need a lawyer or just plead guilty?

    La Mesa. Left brewery on Spring St. Right on University into wrong lane, going against traffic. LMPD had 3 cars on me immediately as their parking lot is right there. No accident, no injury, no passengers. Didn't pass field sobriety, J. Abbot ar...

    Eric’s Answer

    At 72 years there can be some medical issues that may affect a chemical test rest. Examples: if you have false teeth/denture/etc, that can affect a breath machine because the air you're blowing into the machine may be picking up any pockets of alcohol, and pushing that into the machine. Also, depending on what type of breath test it was (again if you did a breath test), it may not be able to flag that contamination alcohol. Another example: if you're on any kind of blood thinners, that could thin your blood (obviously) and falsely inflate/overreport what your actual alcohol level is.

    Would need to know what you drank, what types of alcohol (because drinks have so many different %'s of alcohol), if you had eaten, etc. All that factors into trying to estimate what your actual, true BAC was at the time of driving.

    Also, your witnesses may be able to help, if they can say how you were acting (ie. not impaired), and if they saw what you drank.

    Of course, you can just walk in and plead guilty just to be done with it. It's really up to you if you want to spend the time and money with the case to dive into some of these issues.

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  • Can I drive out of state while on a restricted license due to DUI? Do all DUI attorneys offer expungements?

    I recently pled to a DUI. My license is on restriction. I am heading to another state for work purposes. Is my license valid as I travel outside of CA? I was also going to ask if all DUI attorneys offer expungement of DUI charges? I used the ...

    Eric’s Answer

    Good questions. I'm really OCD with organization, so I'll repost your questions and then put my answers.

    Is my license valid as I travel outside of CA? If you're valid to drive in CA, even at the restricted level, then yes, you are also valid to drive in the other states. But only for the restricted purposes. Eg. if it's a first offense DUI, then you can only drive for work...or if it's an IID restricted, then you have to have and maintain the IID.

    I was also going to ask if all DUI attorneys offer expungement of DUI charges? Not all, but many do. Although understand an expungement comes only once you're off probation. So if you're looking to expunge, but are still on probation, then you have to run a Motion to Terminate Probation first, win that, THEN you can run an expungement motion.

    How can I find out if the attorney does expungements outside of just calling a lot of lawyers: Hmmm, this is tougher. Most attorneys don't have their prices on their websites with this. But maybe start with one, and just ask what they charge, and then ask what's the ballpark for what others are charging. If the attorney is honest, they will tell you. Truth be told, running these Motions to Terminate Probation and Expungement may not take a ton of brain work, but it can take some time to draft, file, and argue. Especially if you need to file a declaration (if you're looking to terminate probation early). If I can guesstimate, you'll probably find the ballpark for this to be ~$500 - $2,000.

    Hope all this helps.

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  • How do I find the best lawyer for a dui case?

    2nd dui. Just trying to find the right lawyer.

    Eric’s Answer

    • Selected as best answer

    Questions you can ask to see who knows this area of law and science:
    -Explain to me breath/blood testing. How do the machines work, what with their experts say, and what ways can we try to counter that?
    -Have you done any hands-on training with breath/blood testing?
    -Have you done the field sobriety test training?
    -What percentage of your practice is DUI?
    -Will YOU be the attorney on my case?
    -When was the last DUI trial you did?
    -How many cases do you have open right now (to see who is running a mill)?

    Hope that gives you a start.

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  • Typical panel of blood testing is done for a DUID?

    CNS Depressent suspicion, no accident, 2 prior DUI conviction, blew a .0000

    Eric’s Answer

    Amphetamines, marijuana, cocaine, benzodiazepines. Agee with Fremont: if the common drugs aren't found, then they test for another level of the less typical drugs (including more prescription medications).

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  • I blew a .11 about 3 hours after drinking, roughly 30 minutes after I took a blood test. Will that test come back lower?

    The delay between test was due to the sobriety tests.

    Eric’s Answer

    • Selected as best answer

    It really depends on many factors: when you stopped drinking, and at what rate your body absorbs or eliminates alcohol. And also the variabilities with that machine (it was probably an Alco IV breath machine), and what the second breath sample is (whether it's higher or lower, and by what amount).

    Also, the next set of questions is how the prosecution will try to use the pre arrest numbers if they are either higher or lower. If they are higher, they'll try to argue at the time of driving, your BAC was declining. But if the breath numbers are lower than your blood, they will 1) not introduce those breath numbers (although you can introduce them as long as the proper witness is subpoenaed), or 2) try to argue that pre arrest breath machine is not the official chemical test, and thus not as reliable.

    There is a particular way to approach both scenarios, especially with understanding how the experts from the Sheriff's crime lab will testify.

    Good question. It just depends how all this plays out.

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  • 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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