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Marc Steven Applbaum

Marc Applbaum’s Answers

24 total

  • Two DUI's both violating probation and one charge of driving without a license after suspension. Totally three warrants.

    We just discovered that my step-sons mom has two misdemeanor DUI's that she has failed to make payments on, failed to enroll in the sheriff labor program, and failed to show proof of completion of DUI classes. Her DUI's were within two weeks of on...

    Marc’s Answer

    She is facing multiple violations of probation and a new misdemeanor charge. Considering she was most likely given a break by the prosecution and the court by not having to plead to a DUI with a prior originally, the court certainly has the power to put her in custody now. Jail population is an issue but depending on the jurisdiction she could be looking at some jail time as punishment but not too much. Either way she has real legal issues. Marc Applbaum, Attorney at Law, San Diego.

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  • I was arrested for shoplifting after having a emotional breakdown can i get a pretrial diversion?

    i have been on medication for anxiety and the last 18 months my doctor lowered my medication. I was on a business trip and didnt have my medication and while at an airport had a emotional-mental breakdown after getting some texts and voicemails f...

    Marc’s Answer

    Absolutely you can depending on the court and your history. Many courts are offering diversion as an alternative to a misdemeanor. Moreover, you may have a defense to the alleged crime entirely. Call an experienced attorney ASAP.

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  • I lived with a friend and he want to leave me some money if he died. If he make a holographic will, is it need to notarize

    What can include in the will, cash, IRA, CD's also the money from sell his house?. did his children needs to know about this will?

    Marc’s Answer

    Yes! What an interesting topic and issue, I cannot imagine there has been much case law on this.

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  • When/How Can I Terminate My Probation Early?

    how much of my probation do i have to complete in order to be eligible to terminate probation early? what is the RANGE of reasonable prices that I should be willing to pay a lawyer to do this for me (I used a PD for my DUI)? and what can i do if t...

    Marc’s Answer

    Easy to do. If a deal cannot be worked out with the prosecutor (when you originally plead guilty) you will be ordered to the entire period. Provided you complete all terms of probation , you are entitled to ask for early termination. A attorney can prepare the document very quickly, or you can do it. Then it gets processed. Depending on the court and how much of the % of probation you've completed the government may or may no oppose your motion. You should not be charged an exorbant fee for this and many attorneys offer this as a part of their retainer initially. Good luck and call and experienced lawyer for more.

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  • Rising or inaccurate BAC case?

    I crashed into a on-ramp sign with no witnesses present. A CHP was cruising by about 10 minutes later and saw the wreckage. I was not pulled over. I blew a BAC of .212 and .206. At the CHP station blood was drawn and results were a BAC of .28. Do...

    Marc’s Answer

    That's a long rise but depending on many factors you have a case for a rise IF YOU HAD RECENTLY INGESTED A LARGE AMOUNT prior to driving, OR if you were drinking in the time between the accident and when the officer arrived. Contact an experienced DUI lawyer.

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  • What are the guidelines for moving to San Diego County and being on Prop 36?

    I have been offered by the DA in El Dorado County Prop 36. I currently lost my father and am wanting to move to Oceanside with my mother. How hard is it and what do I need to do to get this sentence relocated.

    Marc’s Answer

    Answer above is right on. You can get it transferred provided you're in good standing. Contact an attorney or outfit on calendar yourself and make sure eveyrthing is placed on the record.

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  • Can I get my DUI case reduced to a wet/dry reckless with a BAC .14 ?

    I got pulled over for swerving. Was multitasking and putting my GPS on to go home. Did sobriety tests, admitted to having just one beer, blew a .14. Discovery says I had red, watery eyes. I was cooperative, had excited and deliberate speech. Swayi...

    Marc’s Answer

    The short answer is yes. I have seen reductions given and have authorized reductions myself in my time as a prosecutor when the BAC was higher than in your situation. I have yet to review a police report where the subject did not have "red watery eyes", or the "strong odor of alcohol", or some of the other objective symptoms you mention, so those are less important. As are the FST's...tests designed to make you fail. Truly the hurdle for you will be the .12 itself. I can only speak from my experience mostly dealing with prosecutors in San Diego, but a .12 (prosecution will take the lower number of a chemical test) is certainly negotiable with your less than egregious facts. The .14 PAS test holds less weight and is not the number the People will hold you to necessarily. get help.

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  • When your 4th amendment was violated and 1538 suppression hearing was denied, would it be best to plead guilty then appeal ??

    For a dui misdemeanor There was legal error by the judge during the suppression hearing.

    Marc’s Answer

    Certainly depends on your facts. But if you and your attorney feel the trial court was in error, it may be best to appeal the 1538.

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  • How hard is it to prove a drug dui

    So I read a lot of comments from lawers that a drug dui is hard to prove what about a prescription drug dui near therapeutic levels mixed with alcohol with a bac below .08 how hard is that to prove

    Marc’s Answer

    It depends on many other factors. There are 2 counts with most California DUI's... The .08 is merely one charge. You can also be convicted of the "a" count or driving with the caution not characteristic of a sober person. Manner of driving and performance on sobriety tests will be examined closely. A drug DUI is not as easy to prove as a straight alcohol DUI. But drugs mixed with some booze can make a prosecutors case any day. Get a lawyer.

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  • I got charged with a dui but the police report never says i was driving or seen in the car

    the report just says i was highly intoxicated and said i was the driver do i have a case

    Marc’s Answer

    Sounds like you have a potential defense. Proving the actual driver when its in question is the most difficult thing for a prosecutor to do in these types of cases. Hire someone experienced!

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