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Michael Jon Fremont
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Michael Fremont’s Answers

1,842 total


  • Can I get the records for the machine so I can ensure the charges are accurate? Is it legal not keep calibration docs on file?

    I received a dui a few months ago and according to the breathalyzer I blew a 0.18 I have court this month and would like to ensure that the breathalyzer they used had been properly calibrated and done so within the specified time. I have been told...

    Michael’s Answer

    Accuracy checks a nd calibrations should be available. Speak with an attorney don't get legal advice from a friend .

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  • Can a blood alcohol level test or a toxicology test in California be invalidated by a nearly-year-old analysis & report date?

    I am reviewing a toxicology report where it says the blood sample was received 3/20/2012, and the relevant toxicology analysis and report are both dated 2/20/2013, eleven months later. Those dates look like typos to me as if the test was done the...

    Michael’s Answer

    Admissible and reliable are two different concepts. Most likely typo. Need to review all data including chain of custody with expert and attorney.

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  • What am I looking at when I go to court? What sentence or fine am I looking at due to I am under the age of 21 for my first dui.

    I am 20 years old I have just gotten a dui January 17th. My violation code is Vc 23152 (A) (B) I hit parked cars and nobody was hurt or in the vehicles.

    Michael’s Answer

    Minimum 1 year license suspension. About 2000 fine. 3 to 9 month alcohol program. Contact an attorney

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  • With the DMV win, should I pressure back and not plea (and go to trial)? Just want this to go away...

    Six months ago received a DUI while parked (.17 blood) and had not been driving for more than an hour. Another hour plus went by before actual breath test and more time to the blood test. Attorney won DMV hearing based on no proof I was actually...

    Michael’s Answer

    speak to your attorney but if you plead guilty you will get a license suspension the DMV suspend either on administrative action or DUI conviction. Remember if you plead guilty you have no chance of getting a not guilty verdict

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  • DUI in India. Declared on DS-160. Moving to US during first week of April. Buying car. Car insurance declaration

    Hello, I have had a DUI during early part of 2015 in India. I have my L2 and EAD in place (after declaring on DS-160) and will be moving in during first week of April 2016. I will be buying a car and of course an insurance to go along, by defa...

    Michael’s Answer

    If your insurance policy requires disclosure of out of country sriving record then yes

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  • Which way should I go?

    I got a DUI in June. My attorney whom I paid was suppose to represent me on both the court case and the admin per se hearing. She cancelled my hearing without me knowing about it. I got another DUI in Arizona in 2007, but I have paperwork that the...

    Michael’s Answer

    It sound like you have two administrative actions and only one conviction. Have your attorney go over your driving record with you determine what is reuired

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  • 1981 to 1984 I got 4 DUI`s. I was suppose to go to 18 month class. I went about year and got incarcerated. I tried to get driver

    1981 to 1984 I got 4 DUI`s. I was suppose to go to 18 month class. I went about year and got incarcerated. I tried to get driver license 2016 ,35 years later. I was refused till I complete 18 month class. Is there a way this can be waived or I get...

    Michael’s Answer

    You will have to complete the 18 month program before a license will be issued

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  • When I go to court is the negligent driving from Washington going to haunt me and be brought up as a 2nd offense in California?

    Last Saturday night, I was arrested for DUI in California, I never drive drunk but made the stupid decision of driving to Jack in the Box and my decision definitely cost me. Back in my military days I was arrested when I was 19 years old in Washin...

    Michael’s Answer

    If the prior in another state meets the requirements as a chargeable prior conviction it will generally be charged in the complaint. If it was not alcohol or drug related it is not a prior DUI. Check with a lawyer in your area

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  • Hi, a couple years ago I was convicted of DUI & they charged me with two duis at once, because I would not submit to testing unt

    Charged with 2 DUI's at once

    Michael’s Answer

    The two DUI's are referring to are probably the two code sections 23152 a and b. Driving under the influence and driving with a BAC of 0.08% or higher. A refusal is a separate allegation. Speak to your attorney about the terms of the conviction and probation if you have other questions

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  • Do I have to ask permission from the judge for a restricted license?

    Ok, so in butte county I got my 3rd DUI back in November of 2014 and I got my sentencing in June 2015. I have been attending my SB38 classes since May of 2015 and am currently on HIDE probation and I want to go and get my restricted license. i kno...

    Michael’s Answer

    You should be eligible for the restricted license once you meet all the terms if the dmv

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