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Jon Martin Pettis

Jon Pettis’s Answers

340 total


  • Stepmother arrested this is her 4th DUI , and no drivers license , what could happen ?

    4 dew's no drivers license , Judge took it away years back and refuses to give it back . She was caught with no license and another DUI .

    Jon’s Answer

    She could be facing felony DUI charges and driving on a suspended license is a misdemeanor all on its own. She needs to get a very good DUI lawyer ASAP.

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  • I have the interlock system in my car, but I want to buy another car. Can I have two cars with only one interlock installed?

    I get the interlock taken off in two months and want an additional car, however, I do not want to have to change over the interlock or add an additional one. How can I overcome this with out taking a risk that may cause further fines and charges?

    Jon’s Answer

    Usually when the court orders an ignition interlock device in a DUI case, the specific order is that you cannot drive any vehicle without an ignition interlock device.Sometimes the Court orders that you cannot have any car without an ignition interlock device. Check your terms of probation carefully.

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  • Can I sign up for dui classes if my case has not been filed ?

    I was arrested for a dui on dec 7, 2012(first and only offense). I appeared in court on Jan 23, 2013 only to find tht my case has not been filed. I had my DMV hearing on Feb 4, 2013 an the results stated that I can get my license back after 4 mont...

    Jon’s Answer

    First, you do not need to do the class to get your driver's license back. Your license was suspended for four months. If you enroll in the class, get an SR-22 (proof of liability insurance) on file with DMV and pay a fee, you can get arestricted driver's license after thirty days, but your license will then be restricted for several months. If you wait the four months, the suspension is over. Except, if you are ultimately found guilty of DUI or driving with a blood alcohol level of 0.08% or more, either through a plea or after trial, the DMV will suspend your driver's license again for six months. You can again immediately get a restricted driver's license. You do not need to wait for court action to enroll in the class. If your BAC was below 0.20%, then take the three month class. If it was over, concsult your DUI lawyer to know what to do.

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  • I have 2 dwi (driving while intoxicated) in texas 5 years ago. i just recieve another dui in california will this be my first

    i have 2 dwi (driving while intoxicated) in texas 5 years ago. i just recieve another dui in california will this be my first offense? i was release out of jail with a ticket in six hours.

    Jon’s Answer

    Whether your DUI's were from California or another State, if the conviction dates are within ten years of your most recent arrest date, they count as priors. If the prosecutor is aware of them, you will be facing a third DUI. You need to speak with a good DUI lawyer. Priors can be challenged based on whether the other State's law matches California's and would count as a DUi here or on a Constitutional basis, usually that you were not informed of and properly waived your rights.

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  • How many times can a prosecuter postponed a court date

    on a first offense on a minor for a m.i.p that was sent to trial

    Jon’s Answer

    You should discuss the situastion with your lawyer carefully and listen to their advice. Ultimately, the Constitution guarantees your right to a speedy and public trial. If the judge believes the prosecutor has a legitimate reason for putting off the trial, they can grant a continuance. Speak with your lawyer about why the case is being postponed and whether it would be better to try and force the case to trial sooner rather than later. Often times, delays are good for the Defense, but, if the prosecution is going to have a problem with their case if they do not get a continuance (postponement), then it might be best to fight it.

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  • Can a first offense DUI that was dropped to wreckless driving almost 7 years ago come back making the next DUI "2nd offense?"

    ie: I had first DUI dropped to wereckless 7 years ago. Got a DUI this week and its booked me as first offense - will that one from 7 years ago be brought up then them try to charge me 2nd offense on this one ? It was my understanding no... but n...

    Jon’s Answer

    Feel lucky you are in Tennessee. In California wet recklesses count as prior DUI offenses for ten years. For a second offense, there is mandatory jail time and in San Diego about $2500 in fines.

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  • I have just plead to a "wet reckless". I have some questions

    I have plead to a "wet reckless". I now have 3 years summary probation and agreed to "driving without any measurable alcohol" and must submit to a PAS (preliminary alcohol screening) when asked with probable cause. My question is: 1. I under...

    Jon’s Answer

    • Selected as best answer

    You really do not need to be worried about a 0.001 to 0.009 blow for two reasons. First, for DMV to take any action against your license, the result has to be 0.01% or higher. As far as violating probation, I doubt any prosecutor is going to seek to violate your terms of probation on such a low number given the margin of error for the machine and the fact that things other than drinking alcohol can cause a positive reading, like wearing cologne. But, you could get arrested.
    As far as dealing with the cop, whether or not you have been drinking at all, if the cop decides he or she wants you to blow, even if you do not have any indication you drank, they can make up the justification later if they have to. And, people are going to believe the cop or it won't matter. If you blow a BAC, then almost everyone is going to believe the cop had a good reason to suspect yoiu. If you blow 0.000%, the cop won't report it and there won't be anything further.

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  • I applied for diversion on a dui case but now would like to just plead out is that possible

    i have applied but have not gone to the interview yet what steps should i take to plead out instead of doing the diversion

    Jon’s Answer

    Only you can decide if the effort to go through with diversion outweigh the benfit of not ending up with a DUI conviction. However, any criminal record can have serious impact on your future and also sets you up for worse punishment if you get in trouble again. This is especially true for a DUI which can affect insurance, employment and other apsects of your life. Before doing anything, you should speak with an expereinced DUI lawyer to go over all the details and specifics of your case and help make an informed decision.

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  • My cousin was in a single car crash on last Fri evening. She was on the phone with me at the time so I heard everything.

    A passing FHP Trooper stopped to render assistance. He asked a few questions of her but got no response. He asked her where she was coming from she answered Homestead that was incorrect. He asked her name she answered Carla. Trooper asked,myour na...

    Jon’s Answer

    She was arrested for a DUI, most likely a drug DUI. Since she was transported to the hospital, she was not cuffed and booked into jail. That does not mean she was not technically under arrest. As far as Miranda rights, unless she is under arrest and the cops want to ask questions, she does not have to be Mirandized.
    Drug DUIs are complicated and truly require a DUI lawyer with experience handling drug DUI's. In some ways, they are much harder for the prosecution to prove, but in others, carry bigger potential penalties and risk at trial.

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  • I got a duo ,16 was my blood alcohol the method of testing was by drawing blood, is there any way i can beat this?

    first dui i didn't take a breath test at the seen i did a walk on one leg test on a hill, police officer said i was speeding however the place i was at always has cops that pull people every time they are there it is a;most like a trap. What advic...

    Jon’s Answer

    I(f you are looking to get a nursing license, you need to deal with this right away and properly. Almost no hospital will hire someone on probation and DUI probation is five years long. You can seek to have it ended early under Penal Code section 1203.4, but that still means 2 and half years of probation. There are numerous defenses to blood tests including a rising blood alcohol defense, problems with the collection and analysis, and other issues. Also, you need an expereinced DUI lawyer who can tell if the initial stop was legitimate and if not how to fight it in court with a suppression motion.

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