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Rosanne Faul

Rosanne Faul’s Answers

38 total

  • Can I get a critical needs licence?

    I have multiple dui's and I live in California. I finished 1 year sober living program and have 3 months in duo school done. The reason I need some sort of licence I'm fixing my wife's immigration status and we both need to go to Juarez, Mexico th...

    Rosanne’s Answer

    You won't be able to obtain a critical need license, because "critical need" is only for someone under 21 years old. The DMV won't make any exceptions. You may be eligible for a restriction for work and DUI classes, but you will need to go to the DMV to see if you meet the requirements. You will probably want to make other travel arrangements.

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  • Court fees

    hi well i was originaly charged for driving on a suspended license and speeding but i dont know why i was charged for driving on a suspended license because i never had a license i went to court while i was incarcerated and the judge gave me time ...

    Rosanne’s Answer

    Find out the total amount you owe. When you go to court have the total amount with you. This may prevent the Judge from adding any penalties. You may also hire a lawyer and have that lawyer go to court ready to pay the entire amount. There's no guarantee you won't receive additional punishment as a result of the violation, but you will have a better chance if you can pay the entire amount owed.

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  • Clear DMV record

    Since the citation was never filed and no one was taken into custody, can the DMV be forced to take the DUI status off their records?

    Rosanne’s Answer

    The police officer must have filed what is called a DS367 form with the DMV for a DUI arrest or the DMV would not have a DUI on your record. Otherwise, someone has used your name or filed a DUI on your record by mistake. Contact the DMV main office in Sacramento if you believe there is an error on your record.

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  • DUI FSTs

    I had a few questions about how DUI FSTs can be used against you. I hear that not taking them (PAS and the Physical/Dexterity tests) cannot be held against you, but does this really help your case and how? Also, say you are on probation for a D...

    Rosanne’s Answer

    The answer to the first part of your question is that not taking the FSTs can be used against you. If you decide to go to trial, the District Attorney can present to the jury that you refused to participate in the FSTs so you better have a good reason for not doing so. The PAS, preliminary alcohol screening test has an admonition that must be given by the officer stating that the test is a consensual test and the suspect is not required to blow in this device. Usually, the officer will say something like to the effect that you can take it or not, but it will only help you, because if you are below a .08 I will let you go (not necessarily the truth).

    However, the rules change if you are on probation for a prior DUI conviction. You must know your probation terms. I have heard some judges say that you need to take FSTs if requested to do so by an officer and a chemical test. I have heard other Judges say that you are only required to take a chemical test. Know your conditions of probation.

    Every case is different.

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  • Is a DA rejected the same as dismissed. Charges?

    Paid a lawyer and she said DA it was rejected

    Rosanne’s Answer

    Ask your lawyer, but my take would be if the DA rejected the case it could have been because your lawyer spoke to the DA, and based on that conversation, the DA decided not to file charges against you. Dismissed is not exactly the same as rejected, but it has similar implications. A rejected case was never filed against you while a dismissed case was filed against you, but then it was dismissed against you.

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  • Dwi in tx, have a CA license

    i had a dwi in tx, case resolved but they assigned surcharges. thing is i never had a tx DL, i had and still do have a CA license. am i to pay charges to texas or else the ca license gets suspended? is there reciprocity between those...

    Rosanne’s Answer

    You need to pay all fines/fees to Texas. If Texas suspends your privilege to drive in TX and you need to pay fees to the TX DMV to eventually clear that suspension, even though you do not have a TX DL, you should do so. CA, if they discover that there is an action in TX, may suspend your privilege and DL in CA until you clear the TX DMV record.

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  • IID on 1st time dui conviction

    I was convicted of a dui in Los Angeles County in March 2011. The court did not ordered that I get one and the DMV letter did not clearly state that I needed one. I'm not sure if I need one or not. I heard that I only need one if I want my full...

    Rosanne’s Answer

    Los Angeles county is one of the pilot counties where an IID is required. You will need an IID before you may obtain a restricted driver's license. Check out the new law on the link I provided.

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  • Will my partner be arrested upon flying into San Diego due to an outstanding DUI & probation in Florida Orlando?

    My husband obtained a DUI and probation when he was living in Florida first offense 2 years ago. Unfortunately the timing was bad as he had already started the ball rolling for him to migrate to the UK (quit his job etc) instead of dealing with t...

    Rosanne’s Answer

    You may want to hire an attorney before you come back to the States. An attorney may be able to go into the court and speak to the Judge explaining that you live in the UK. The Judge may be willing recall the warrant and allow a plea through a notarized plea form. Classes, etc. may be done in the UK and the fine may be mailed into the court. This way he will not risk being arrested on the warrant when in the States.

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  • First time petty theft- how can I qualify for a public defender? What would be an estimate of the total fees I will pay?

    I am a first year college student and this is my first run-in with the law, ever. I am having all my homebound mail held in hopes to keep this from my parents. How will the court decide if I am eligible for a public defender? I have little money, ...

    Rosanne’s Answer

    At the first court appearance the Judge will ask you if you would like to apply for the public defender. You may have to complete a form or just tell the Judge your income. If you are a college student and do not have a full-time job you will qualify. If there is a diversion program in the court you are in, and you have never been arrested before, you should qualify for that program. I'd there are any fees involved, the Judge will allow you to make payments.

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  • I had a dui conviction a few years ago and then was pulled over last oct and arrested but my court case was thrown out so there

    there is no second conviction. My question is do I have to complete an 18 month program for the DMV which has suspended my lic for a year. Iv'e heard 2 different things both from sacramento DMV office says I do not have to attend and local DMV sa...

    Rosanne’s Answer

    If you had an attorney in order to get the case thrown out, or if the District Attorney's office just decided not to file because the facts of the case were weak, you may want to speak to an attorney to see if it is worth it to request the DA to complete the DMV form stating the reasons they rejected the case. If they do so, the DMV will review its decision, taking into account the reason the DA rejected the case, and they may return your dl. The problem with this is the DA will have an opportunity to review your case again and may decide to file the charges against you so you need to proceed with caution.

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