Douglas Holbrook’s Answers

Douglas Holbrook

San Diego Criminal Defense Attorney.

Contributor Level 17
  1. Judge said would expunge dui once enrolled in nursing school. much health & $ probs so got lic in phleb instead. think he will

    Answered about 2 years ago.

    1. Leigh Gretchen Fleming
    2. Douglas Holbrook
    3. Philip Daniel Hache
    4. Neil James Fraser
    5. George B. O'Neill
    5 lawyer answers

    My guess is that t he judge will consider that a reasonably similar alternative to what was agreed to. However, you will never know for sure until you go back to court and make the request for expungement.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Do I need plead "guilty/not guilty" on my first court appearance for DUI charges, or I can request an additional time to think?

    Answered about 2 years ago.

    1. David Matthew Piper
    2. Macy Michelle Jaggers
    3. Douglas Holbrook
    4. Alexander M. Ivakhnenko
    4 lawyer answers

    The court will grant you a continuance for the purpose of consulting with and possibly retaining counsel. Make sure you do not enter a plea but rather just request the continuance.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I got DUI with 0 . 07% . Officer used Breathalyzer . What are the chances to get case dismissed if i hire an attorney ?

    Answered about 2 years ago.

    1. Douglas Holbrook
    2. Seth Andrew Weinstein
    3. Joseph Salvatore Farina
    4. Michael Korry Bialys
    5. Daniel C Grupenhagen
    6. ···
    8 lawyer answers

    Chances of getting the entire case dismissed.....quite low! Chances of winning the case at trial...worth discussing !

    8 lawyers agreed with this answer

  4. Trial or plea federal court

    Answered about 2 years ago.

    1. Christine C McCall
    2. Douglas Holbrook
    3. John M. Kaman
    4. Joshua Sachs
    4 lawyer answers

    Sometimes the conviction rate combines both pleas along with trial convictions. It also combines trials of innocent persons along with trials of people obviously guilty. That makes for a less than accurate picture. Nonetheless, trials are always difficult, risky, and emotionally draining, which is why cases plead out. Trials can be won with or without the defendant taking the stand. It depends on a number of factors, not the least of which would be the strength of the prosecution's evidence.

    8 lawyers agreed with this answer

  5. Convicted for dui with a refusal

    Answered about 2 years ago.

    1. George B. O'Neill
    2. Mark K Rosenfeld
    3. Douglas Holbrook
    4. Jasen Bodie Nielsen
    5. David Philip Shapiro
    6. ···
    6 lawyer answers

    Was there a factual finding of a refusal?

    8 lawyers agreed with this answer

  6. Can someone be charged with a gun if they dont have it on them?

    Answered about 2 years ago.

    1. Curtis Lamar Harrington Jr
    2. Douglas Holbrook
    3. John M. Kaman
    4. Michael Joseph Aed
    4 lawyer answers

    Yes, he can be charged. Her testimony is admissible, but there may be other issues that might keep in out.

    8 lawyers agreed with this answer

  7. What can I expect to happen with the Court and with the DMV for possibly violating DUI probation.

    Answered about 2 years ago.

    1. Douglas Holbrook
    2. Tina Marie Barberi
    3. Jasen Bodie Nielsen
    3 lawyer answers

    You may want to be a bit careful here. I suspect that there is something more here than is being presented. I would anticipate something further from the court. In the mean time, be absolutely certain that you make a timely (within ten days of the incident) request to DMV for an Administrative hearing.

    8 lawyers agreed with this answer

  8. My friend was issued a DMV Administrative Per Se after a minor accident, but was not arrested. What does this mean?

    Answered about 2 years ago.

    1. Douglas Holbrook
    2. George B. O'Neill
    3. David Matthew Piper
    4. Michael Korry Bialys
    5. Darryl Wayne Genis
    5 lawyer answers

    The DMV notice was standard procedure and needs to have a hearing requested within 10 days of it's issuance. Do not let the ten day period lapse with making the request. Anticipate that notice of a DUI being filed will follow.

    8 lawyers agreed with this answer

  9. My daughters co-defendant has two new cases, after the one she is part of. there is new co-defendants in his new cases,

    Answered over 2 years ago.

    1. Douglas Holbrook
    2. Michael Douglas Shafer
    3. John M. Kaman
    4. William Mark Weinberg
    4 lawyer answers

    Motions to sever or consolidate are part of the pre-trial activity on certain cases. Generally, the prosecutors prefer to see these types of matters consolidated. Generally, Defense counsel prefers to see them severed. If you feel that consolidation would be prejudicial to your daughter's case, then it should be opposed, based upon the issue of prejudice. Talk to her defense counsel about the issue.

    8 lawyers agreed with this answer

  10. My question is am i allowed to drink on probation & should i try to get back into court with this? i could lose my son too :(

    Answered over 2 years ago.

    1. Douglas Holbrook
    2. Scott Richard Kaufman
    3. Lara Ruth Shapiro
    4. Ian Thomas Valkenet
    5. Brian K Wanerman
    5 lawyer answers

    The answer to your question depends upon two things: First, what were you convicted of ? Second, was abstention from the use of alcohol, one of the terms and conditions of your probation?

    8 lawyers agreed with this answer