Edgar J. Reynoso’s Answers

Edgar J. Reynoso

Newport Beach DUI / DWI Attorney.

Contributor Level 12
  1. DWI but never told by cop I can remain silent. Is case beatable?

    Answered over 2 years ago.

    1. Edgar J. Reynoso
    2. Robert Laurens Driessen
    3. Joseph Briscoe Dane
    4. Matthew Murillo
    5. Alan James Brinkmeier
    6. ···
    6 lawyer answers

    Sometimes. Whether a police officer has to read you your rights on a DUI or DWI stop depends on whether or not you are in police custody -- that is, whether you are subject to the restraints common to a formal arrest. The U.S. Supreme Court has ruled that the police do not have to provide Miranda warnings during roadside questioning of a motorist detained pursuant to a traffic stop. Thus, roadside questioning about your drinking, drug-taking, or performance on field sobriety tests does not...

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  2. Do the DUI laws only apply to driving an automobile on a public highway?

    Answered about 2 years ago.

    1. Edgar J. Reynoso
    2. Isileli Tupou Manaia Mataele
    3. Robert Laurens Driessen
    4. Levon B. Kevorkian
    5. Scott Christopher Nolan
    6. ···
    7 lawyer answers

    Driving while under the influence is generally prohibited whenever you drive any kind of vehicle. For purposes of the principal DUI statutes, a "vehicle" is defined as: "A device by which any person or property may be propelled, or drawn upon a highway, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks." Vehicle Code § 670. That would include all motorized vehicles. Does that mean you are safe driving a human-powered bicycle while...

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  3. The officer stated I refused to take a chemical test. What does this mean?

    Answered over 2 years ago.

    1. Edgar J. Reynoso
    2. Robert Laurens Driessen
    3. Joshua Paul Shelton
    4. Joseph Briscoe Dane
    5. Donald Guy Sowers
    6. ···
    6 lawyer answers

    You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a blood or breath test after being requested to do so by a peace officer. As of January 1999, a urine test is no longer available unless: The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or Both the blood or breath tests are not available, or You are a hemophiliac, or You are taking...

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  4. I blew a .13%. Why am I being charged with CVC Section 23152A and 23152b?

    Answered about 2 years ago.

    1. Edgar J. Reynoso
    2. Elliot Rahmim Zarabi
    3. Tai Christopher Bogan
    4. Oscar Rene Gutierrez
    5. Michael Korry Bialys
    5 lawyer answers

    The answer is simple: It gives the DA 'two bites at the apple.' If your lawyer can prove at trial that your blood alcohol level was rising -- thereby casting doubt on the fact that you were .08 or above at the time of driving -- the DA can still try to convince the jury that you were nonetheless 'under the influence' at the time of driving, and therefore guilty on the CVC Section 23152(a) count. Of course, the DA will need to show 'bad driving' for the (a) count, which may be difficult to prove...

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  5. I was on a court–ordered probation for a DUI conviction and have been arrested for DUI. What happens now?

    Answered over 2 years ago.

    1. Edgar J. Reynoso
    2. Joshua Paul Shelton
    3. Mohammad Ali Salimi
    4. Elliot Rahmim Zarabi
    5. Robert Laurens Driessen
    5 lawyer answers

    Per the DMV: An officer will serve you an immediate order of suspension if you have a blood alcohol level (BAC) of 0.01% or greater, as measured by a preliminary alcohol screening (PAS) device or other chemical test, if you are on court–ordered probation for a DUI conviction. This is an Administrative Per Se (APS) action. You are not eligible for a restricted driver license during your suspension. The penalties depend upon the facts of the case. * If you submitted to a PAS or other...

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  6. Can you be held without bail for violating probation without being convicted of violation

    Answered about 2 years ago.

    1. Edgar J. Reynoso
    2. Robert Laurens Driessen
    3. Scott Colman Thomas
    3 lawyer answers

    Yes you can for a variety of reasons. It is recommended you contact an attorney asap to determine whether the no hold bail is justified in your specific case.

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  7. I was hit by a drunk driver in my boyfriends car, I don't have medical insurance. Who pays for my medical bills?

    Answered almost 2 years ago.

    1. Richard Franklin Taub
    2. Michael Kevin Cernyar
    3. Elliot Rahmim Zarabi
    4. James Michael Bergener
    5. Albert Lee Crosner
    6. ···
    16 lawyer answers

    To answer your question in detail requires addition information. However, generally the negligent driver is responsible. Contact an attorney as soon as possible as to avoid any statute of limitations issue.

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  8. Is it possible to represent myself in a DUI case in California?

    Answered about 2 years ago.

    1. Edgar J. Reynoso
    2. Andrew Stephen Roberts
    3. Andrew Michael Limberg
    4. William Peter Daley
    5. David Philip Shapiro
    6. ···
    8 lawyer answers

    While the answer is yes, for your benefit you should probably not because a complex DUI case can be incredibly difficult to handle for a layman. DUI law is complex and varies greatly from state to state so it is not a good idea to represent yourself. Arguing a DUI case well requires knowledge, skill, and experience in that area of law so it is not recommended to handle it yourself.

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  9. Can I drive while my license is suspended?

    Answered about 2 years ago.

    1. Edgar J. Reynoso
    2. Matthew Murillo
    3. John Joseph Westerhaus
    4. Jacques Tushinsky-Fox
    4 lawyer answers

    You may only drive during your suspension period if the DMV grants you a restricted driver's license. If you drive while your license is under suspension without a restricted license you risk potential jail time, fines, and a longer suspension period if you are caught.

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  10. Licence after an acquittal...

    Answered about 2 years ago.

    1. Edgar J. Reynoso
    2. Matthew Murillo
    3. Denis Hurley White Jr
    4. Mark K Rosenfeld
    5. Joshua Kaizuka
    5 lawyer answers

    If you the jury found you Not-Guilty, the DMV must reverse any negative APS action on your license.

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