Rosanne Faul’s Answers

Rosanne Faul

Irvine DUI / DWI Attorney.

Contributor Level 10
  1. Accused of sexually assulting someone, its in the investigation phase. It is a classic he said she said amongst drunk mid/-20y/

    Answered about 3 years ago.

    1. Robert Marshall Sanger
    2. Brian Andrew Bezonsky
    3. Paul Bradley Tyler
    4. Rosanne Faul
    5. Joseph Briscoe Dane
    5 lawyer answers

    You need to speak to a lawyer before you even THINK about speaking to the police. You need to understand that everything you say may and WILL be used against you. It is rarely in your best interest to speak to the police without representation. There are many innocent people who obtain lawyers when contacted by, and prior to speaking to, the police. A lawyer can also contact the police on your behalf. Always be polite with the police, but do not make any statements without representation.

    1 lawyer agreed with this answer

  2. Is the DMV flexible on what they issue a restricted license for?

    Answered about 3 years ago.

    1. Robert Marshall Sanger
    2. Rosanne Faul
    3. Philip Daniel Hache
    4. Andrew Stephen Roberts
    4 lawyer answers

    Unfortunately, the DMV only gives a restricted driver's license for work (to, from and during) and the DUI school only. If you can characterize childcare and care of your grandfather as work then you may be able to drive for those purposes.

    1 lawyer agreed with this answer

  3. I had 2 DUI's from 10 years ago that I got a 1203.4 granted on. I just got another DUI how will they treat this one?

    Answered about 3 years ago.

    1. Peter Anthony Mesich
    2. Rosanne Faul
    3. Andrew Stephen Roberts
    3 lawyer answers

    If the arrest dates on the 2 prior DUIs are within 10 years from your current arrest you will be charged with having 2 prior convictions regardless of the 1203.4 expungements. If the current arrest happened after the 10-year period has expired, the District Attorney should not charge you with a third time offense, but they may consider them when making you an offer. If they offer you first time consequences you may want to consider taking that immediately.

    1 lawyer agreed with this answer

  4. Jiont suspention

    Answered about 3 years ago.

    1. Robert Marshall Sanger
    2. Rosanne Faul
    2 lawyer answers

    The information should be on your plea paperwork. If you do not have a copy of it you can go to the clerk's office and they should be able to tell you the information.

    1 lawyer agreed with this answer

  5. Realistic trial outcome

    Answered about 3 years ago.

    1. Chad Raymond Maddox
    2. Peter Anthony Mesich
    3. Rosanne Faul
    4. Robert Louis Miller
    5. ···
    6 lawyer answers

    The maximum amount of jail time for a first-time DUI offense is 6 months in the county jail, however, you will not receive the maximum amount of time if you are found guilty. However, you should speak to your lawyer about the possibilities. If you ate found guilty, it will depend on the Judge and what your defenses were at trial. If the Judge feels like your defenses were not valid, because the jury did not find them to be true, or if the Judge feels you were not truthful when you testified,...

    1 lawyer agreed with this answer

  6. Failure to Appear but was at court and dismissed

    Answered about 3 years ago.

    1. Rosanne Faul
    2. Andrew Stephen Roberts
    2 lawyer answers

    Go to the court and find out why you have a failure to appear on a case that should be dismissed. The clerk may not be able to correct the error so be prepared to speak to the judge. Bring any documents, or if you were in court with someone, bring that person with you. Maybe you have another case?

    1 lawyer agreed with this answer

  7. Petty Theft (488), first offense & court on April 26

    Answered about 3 years ago.

    1. Robert Marshall Sanger
    2. Valerie Sue Lopez
    3. Rosanne Faul
    3 lawyer answers

    First, you should not make admissions online. Tthe District Attorney may charge your case as a PC 488, petty theft, or as a PC 459, commercial burglary. You may be charged separately or together, but you will each need your own attorney. If the DA believes you planned this prior to entering, you may be charged with the commercial burglary. In order to prepare for the court date I would prepare a thin file of proof of your classes, any other community organization you are involved in, and...

    1 lawyer agreed with this answer

  8. In Ca, can you be convicted of a DUI with a blood alcohol level of .03?

    Answered about 3 years ago.

    1. Peter Anthony Mesich
    2. Rosanne Faul
    3. Scott Ryan Ball
    4. Andrew Stephen Roberts
    4 lawyer answers

    In California you may be charged for DUI under two sections, one is if you are at a .08 or above, and the second section allows for a DUI where the person is "under the influence of alcohol and/or drugs". To find someone "under the influence" the prosecution would have to show they were "impaired" by the substance. The prosecution would look to the driving, field sobriety tests, other observations and statements to try and prove the case. It is much harder to prove a DUI under these...

    1 lawyer agreed with this answer

  9. Everytime my son goes through immagration the people say he always has something on his record. Last week it was a DUI

    Answered about 3 years ago.

    1. Rosanne Faul
    2. Robert Louis Miller
    3. J Charles Ferrari
    4. Andrew Stephen Roberts
    4 lawyer answers

    Next time he goes through immigration find out where the charge is out of including court house, county and state. You, or an attorney, will then need to contact that courthouse to find out if someone used your son's information or if the true person's identifying information was inputted into the system incorrectly. Regardless, you will need to see a Judge to correct the problem. If it is only a DMV error, you will need to go to the dmv to correct it.

    1 lawyer agreed with this answer

  10. What is the difference between Penal Code 484 and Penal Code 488?

    Answered about 3 years ago.

    1. Rosanne Faul
    2. Robert Marshall Sanger
    3. Joseph Briscoe Dane
    3 lawyer answers

    Penal Code section 484 is the general theft heading. There are many degrees and specific theft sections of the Penal Code which are under this general heading of PC 484. Petty theft, Penal Code section 488, is one of the lesser degrees of theft. PC 488 may be charged as either a misdemeanor or an infraction.

    1 lawyer agreed with this answer