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G. Cole Casey
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G. Cole Casey’s Answers

9 total

  • Can i get a continuance on court date

    If i am currently on bail for 2nd Dui can i get my court date continued if i dont Have all my money for attorney yet. I have to get some More money together and court Date is tuesday that isnt enough time for me to get my lawyer His down payment w...

    G. Cole’s Answer

    Typically the court will allow a one time, brief continuance for a defendant to retain counsel. You have to show up, and probably even have the public defender tell the judge that you are wishing to hire private counsel, but just need a bit more time. It usually is not a problem, one time. Good luck.

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  • Question about my DUI/accident?

    Hi, the other night I had 2 drinks in the course of 6 hours and I felt perfectly fine to drive my two friends and I home. My friend in the back seat started getting abnoxious and tried to fight my other friend and I while I was driving and I was g...

    G. Cole’s Answer

    It will really depend on what your test results are. If you are over age 21 and truly only had 2 regular size drinks over the course of 6 hours, your blood alcohol level will be very low, and maybe even undetectable. If that is the case, then this will simply be a car accident, and no crime will be charged. However, if your BAC is higher than would be expected for just 2 drinks, then you will likely be prosecuted for DUI. If anyone was injured it would be a felony DUI, if not, just a misdemeanor.

    We would really need more information: were you arrested ? Given a court date ? Are you under age 21 ? If so, that might explain why the cops may have only taken your license, but didn't arrest you....)

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  • LVN with pending DUI what do I tell The Nursing Board

    I was charged with DUI in October 2014 and I haven't been convicted yet, I was not finger printed back in October but I was order to do a book and released in December, the book and release was reported to the California Boards of Vocational Nurse...

    G. Cole’s Answer

    This is a routine letter sent by most of the professional and vocational licensing boards to their members up on the reporting of an arrest. The advice that you claim to have previously received is dead wrong. A response to these licensing boards is typically required within 30 days, however, much of the information they are requesting is not yet available within those 30 days. It is absolutely imperative that this response be handled correctly. I agree with the advice to consult with an attorney that does both DUI cases, and also handles professional licensing issues and to be sure, very few attorneys are qualified to handle both areas. Do your homework, but not doing anything, or dealing with the board in an inappropriate and incorrect manner could very well have catastrophic consequences for you. It is well worth your time to set up a few consultations with a few very good attorneys.

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  • What does it mean if I received my drivers license back from the dmv?

    I was charged for an alleged dui. Received notice of suspension,then I requested a hearing. I received a temporary license (which I understand)then a plastic one.(I dont) Why is that if the hearings are pending?

    G. Cole’s Answer

    • Selected as best answer

    It could be for any number of reasons. It could be a simple DMV screwup, which are common. It could be that your BAC came back under .08 (if you are over age 21). It's probably a good idea to call the DMV on Monday and verify the status of your driving privilege. No need to tell them you have the physical license either. Just hang onto it but be advised that if your privilege is suspended, having the physical license won't help you. But, it is nice to have for a photo ID if you need one.

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  • What are the Chances of Beating a Underage DUI? With 2 test of PAS of 1st:0.087 2nd:0.078 And a Pending BAC RESULT?

    Pulled over for Speeding. Lowered my Windows 2-3 inches down so I can give officers DL/Registration. He claimed to smell Alcohol. Was giving 3 test before PAS Test: One Leg Stand-30 Seconds. Clapping hands back side and front side-At officers...

    G. Cole’s Answer

    That's a beatable case, but you would probably have to be willing to go all the way through a jury trial to do so. A good attorney will allow you to avoid a DUI conviction, but the really tough choice will come when you have to decide whether or not you want to take a plea to a lower charge, like reckless driving, or take your chances at trial. It's worth talking to a good attorney before you make any decisions. The DMV, however, is another story. If you are under 21 and those are your results, you'd definitely have the laboring oar to avoid the one year suspension.

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  • Restricted license after 2nd DUI while on probation

    Just recently got a 2nd DUI while I was still on probation. Is there any possible way the DMV will allow me to get a restricted license? If I take more classes, pay more money, anything!

    G. Cole’s Answer

    I disagree with some of the prior comments, in part. You absolutely CAN get a restricted license on a second offense, after you have served 90 days of hard suspension and upon your enrollment in the SB38 program, proof of liability insurance (SR-22) and proof of installation of an IID. Your problem however, is the probation violation. If your probation was from a prior DUI or wet reckless, then, as Mr. Fremont correctly points out above, it is the "zero tolerance" violation that triggers the one year mandatory suspension. And upon that, there is no restricted license available. If you are still within the 10 day period to request an administrative hearing with the DMV, you should get in contact with a local attorney and get one scheduled. That is really your only chance to prevent the suspension.

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  • 3rd Dui will I go to jail ??

    OK so after my second Dui I was in probation for 5 years so I went out with my friends. Had couple of drinks was driving and cops pulled me over. They suddenly said I smelled like alcohol so they made me do the walking test like 3 times I passed i...

    G. Cole’s Answer

    Not necessarily. One thing needs to be clarified: are you currently on probation for one or both of your priors ? That can make a big difference in whether you are facing the mandatory minimum of 120 days jail, or will have time added on to that for violating your probation. That violation can be triggered by simply refusing a roadside breath test or a breath or blood test at the jail. However, most jurisdictions have what are called "custodial alternatives", such as work furlough (where you can keep your job), house arrest/home detention via ankle monitor (again, allowing you to go to work) and other alternatives to actual custody. However, without a breath or blood test, no good DUI lawyer would ever advise you to take a guilty plea to a dui or alcohol related offense. The prosecution has to PROVE your guilt, not just suggest it. It is probably a good idea to interview a few very good trial attorneys in your area. While they will cost money, if you are genuinely in fear of losing your job, then it is certainly money well spent. Just something to keep in mind. Good luck.

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  • My DUI stature of limition is expiring, no charges have been filed, what is the next step on the date after the one year mark?

    I received my DUI last February, i have been periodically checking every two weeks to see if i have a warrant out. 11 months in, i think it expires on February 17. What do i do after the 17th to ensure that it has been closed? Please advise.

    G. Cole’s Answer

    It is always a good idea to get a stamped rejection letter from the DA or City Attorney, especially if you had posted bail after your arrest. Other than that, you need not do anything at all.

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  • Low Cost Interlock .008, Car still said pass. What happens now?

    I was at the dentist 2 days in a row, 1 to fill some cavities, the other to get my cleaning. After leaving both visits I washed with listerine. I blew in my IID and got a .001, the IID said PASS and started. Then on the ride home got a .000... The...

    G. Cole’s Answer

    Typically, if the IID says "PASS", then there is nothing wrong. The devices are designed to prevent your vehicle from starting only when a NO PASS, and not to generate a report of all the times the car wouldn't start. An IID is not a SCRAM device - one that continually measures alcohol in your system. It just won't let your car start. In some cases, if the IID is court ordered, the IID companies, although not all of them, can report incidents of tampering to the court, but certainly in your case, there would be no such report. You should be fine.

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