David Philip Shapiro’s Answers

David Philip Shapiro

San Diego Criminal Defense Attorney.

Contributor Level 19
  1. I wasn't mirandized when i was arrested for a dui, can I get my case thrown out?

    Answered 3 months ago.

    1. Stefano L. Molea
    2. John David Rogers
    3. Mark Lawrence Deniz
    4. David Philip Shapiro
    5. Peter John Marek
    6. ···
    13 lawyer answers

    If only it were the easy! Unfortunately, California appellate courts do not believe you are "in custody" and "under interrogation" when asked most, if not all, questions, relating to a common DUI arrest. Thus, Miranda does not apply. Even if it did/does apply, you still need to determine what it is you wish to suppress (keep out of evidence) and if it even hurts your case. Retain a quality, locally experienced, DUI attorney to assist if you have a pending DUI case. And make sure to...

    13 lawyers agreed with this answer

  2. DUI Question- I was sleeping in the passengers seat on the side of the road. Police knocked on window and pulled me out.

    Answered over 1 year ago.

    1. Mark Lawrence Deniz
    2. David Philip Shapiro
    3. Matthew Murillo
    4. Dan Eugene Chambers
    5. Michael Jon Fremont
    6. ···
    9 lawyer answers

    Exactly why you should have retained quality counsel immediately after your arrest! The attorney could have represented you at the DMV hearing challenging the refusal allegation. Your suspension because of the refusal should only be 1 year, assuming this is your first DUI within the past 10 years.

    13 lawyers agreed with this answer

  3. I was arrested in fullerton for a dui but I live in San Diego, where is my dmv hearing located?

    Answered over 1 year ago.

    1. Matthew Murillo
    2. Andrew Stephen Roberts
    3. Michael Stewart Phillips
    4. Mark Andrew Hover
    5. Michael Korry Bialys
    6. ···
    13 lawyer answers

    Smarten up! This "ticket" is a misdemeanor offense which can land you in jail if convicted. Request a DMV hearing within 10 calendar days of your arrest and hire yourself the best, locally experienced (OC), criminal defense attorney you can afford.

    13 lawyers agreed with this answer

  4. How do I know if an attorney will put all his effort into my DUI case?

    Answered almost 2 years ago.

    1. Anthony Michael Solis
    2. Stephen Ross Cohen
    3. David Philip Shapiro
    4. Andrew Stephen Roberts
    5. Derek Anthony Patrin
    6. ···
    17 lawyer answers

    Read reviews and ask the attorney directly. That being said, we can only do so much with the facts some times. For a first time DUI, 20-25 is more than enough time to initially evaluate a case...particularly without having the discovery to review.

    13 lawyers agreed with this answer

  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 over 2 years 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

    Fight the ticket, preferably with the assistance of a locally experienced criminal defense attorney.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can state courts prosecute interstate drug conspiracies?

    Answered over 1 year ago.

    1. Greg Thomas Hill
    2. Peter Charles Blair
    3. Dan Eugene Chambers
    4. Joel W. Bailey
    5. David Philip Shapiro
    6. ···
    8 lawyer answers

    Yes!

    12 lawyers agreed with this answer

  7. I have a felony DUI combined all 4 into 1 felony just got 5th what are my options

    Answered over 1 year ago.

    1. Paul Henry Neuharth Jr
    2. Michael Jon Fremont
    3. Peter John Marek
    4. Michael Kevin Cernyar
    5. David Philip Shapiro
    6. ···
    11 lawyer answers

    Contact your attorney from the Public Defender's Office if you cannot afford to hire an attorney.

    12 lawyers agreed with this answer

  8. Will my license be revoked at the trial if my dmv hearing was set aside?

    Answered over 1 year ago.

    1. Greg Thomas Hill
    2. David Philip Shapiro
    3. Dan Eugene Chambers
    4. Yaniv Kenan
    5. Michael Kevin Cernyar
    6. ···
    6 lawyer answers

    Yes. You should be discussing this, and the upcoming trial, with your retained/appointed criminal defense attorney.

    12 lawyers agreed with this answer

  9. Got a DUI April 2012. Blood limit .11. - 5 years prob & suspended license. Got 2nd DUI (.08) May of this year.

    Answered almost 2 years ago.

    1. David Philip Shapiro
    2. Andrew Michael Limberg
    3. Jayan Hong
    4. Andrew Stephen Roberts
    5. Daniel Hari Vaswani
    6. ···
    9 lawyer answers

    The first issue is whether or not you even qualify for a court appointed attorney. You are facing up to a year in jail on DUI#2 and up to 6 months on the DUI#1 probation violation, not to mention a driver's license suspension of at least a year due to driving with a measurable amount of alcohol while on DUI probation. The fact no bad driving was observed, coupled with the low BrAC will help, but there is too much as stake not to deal with this proactively (assuming you can financially...

    12 lawyers agreed with this answer

  10. If iIhave a warrant for a missed court date will i Be arrested at the Dmv while trying to get a new identification card in CA?

    Answered almost 2 years ago.

    1. David Philip Shapiro
    2. Wade J. Skalsky
    3. Francis Rowland Pabst
    4. William Peter Daley
    5. Anthony David Scott
    6. ···
    7 lawyer answers

    Possible, but not extremely likely. But as the other attorney has indicated, you might not be able to get the ID card because of the warrant.

    12 lawyers agreed with this answer

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