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Rosanne Faul

Rosanne Faul’s Answers

38 total

  • I am applying for a job and one of the requirements are must not have any alcohol convictions or suspensions.I had a wet reckle

    in the yr 2000....can I still apply for the job?

    Rosanne’s Answer

    If you have the conviction expunged you will no longer have the conviction. However, if your driver's license was suspended as a result of the arrest and you did not request or did not win the administrative DMV hearing you will still have the suspension. If your driver's license was not suspended as a result of the arrest and you expunge the wet reckless conviction then you may qualify for the position. Since the incident occurred more than 10years ago, you may just want to be upfront with the employer and ask them. If you are otherwise well qualified for the position they may disregard it. Use your best judgement and proceed knowing that this may not be the best job for you.

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

    The main problem is there are 5 statements from all longtime frineds from high school against me (including my girlfriend) Im not sure what to do at this point the detctive has called me multiple times and presurred me into calling him back which ...

    Rosanne’s Answer

    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.

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

    I care for my children currerntly. I don't have public transportation near my home. I need to be able to take them to and from home, and to and from their mother as we are living apart currently. I also care for my aging grandfather by getting ...

    Rosanne’s Answer

    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.

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  • 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?

    10 years ago I got 2 DUI's within a year. I completed my requirements and have not been in trouble until now. I picked up a DUI again how will they treat this since i filed and it was granted a 1203.4 on the previous DUI's.

    Rosanne’s Answer

    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.

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  • Jiont suspention

    well when i went to court i dont remember if i had signed to a jiont suspention how can i find out were would i look and would it be on my terms and con

    Rosanne’s Answer

    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.

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  • Realistic trial outcome

    What is a realistic sentence for a guilty verdict at a trial for first time DUI with .18 bac level. No damage or injuries. I've also been going to DUI classes and AA meetings as I wait court date. Is there any realistic jail time i am facing? Or c...

    Rosanne’s Answer

    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, you could be sentenced to jail time. You need to have a detailed discussion with your lawyer about the possible consequences if you lose and what s/he feels is the likelihood of a win at trial.

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  • Realistic trial outcome

    What is a realistic sentence for a guilty verdict at a trial for first time DUI with .18 bac level. No damage or injuries. I've also been going to DUI classes and AA meetings as I wait court date. Is there any realistic jail time i am facing? Or c...

    Rosanne’s Answer

    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, you could be sentenced to jail time. You need to have a detailed discussion with your lawyer about the possible consequences if you lose and what s/he feels is the likelihood of a win at trial.

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  • Failure to Appear but was at court and dismissed

    I received a Failure to Appear notice but I was at the court date. The officer did not show up and case was dismissed. What do i do?

    Rosanne’s Answer

    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?

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

    I was caught stealing clothes with the amount being $92.85, however, my friend was also caught with me and her amount being $241.65. We did not get arrested, but the police gave both of us a citation/ticket(?) to appear on court. I did some resear...

    Rosanne’s Answer

    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 anything else that would put you in a good light.

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

    My friend was recently pulled over and had .03 blood alcohol level. The police station released him pending charges. I read a case that upheld a person getting convicted of a DUI with a .03 alcohol level because even though he was below the legal ...

    Rosanne’s Answer

    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 circumstances.

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