Typically, the District Attorney will file a Misdemanor Criminal Complaint for Petty Theft.
Although a fine for this type of Misdemanor can range from $500 to $1,000, an experienced attorney should be able to have the DA offer a diversion program called Deferred Entry of Judgment where one would have to give a DNA sample, take a class, and pay about $200 fee for the classs. Once the class is completed and no new charges are filed for 90 days, then the DA will request a Dismissal of the...
i would agree with Attorney Maddox, there does not appear to be a concern at this time. Normally, the court or the DMV can only impose a longer period of time for DUI classes.
Further, I would proceed to have 30 days enrolled in the classes and 30 days of hard suspension of your license, then proceed to apply for the customary Restricted License with DMV.
Lots of luck to you in this matter.
Orange County DUI Attorney
I would echo Attorney Maddox's excellent post as to the Levels 1-3 of Alcohol Treatment Classes and having an attorney in your corner fighting for a 3 month classes with even .16 is possible.
You may want to have your attorney also offer a donation to the Victim/ Witness to sweeten the offer for a 3 months instead of 6 months of classes.
I have had a very positive experience with Deputy District Attorney Julie Oliver, Santa Ana Court, and I consider her to be fair and reasonable. In one...
The best course of action is to file the written request for Trail De Novo within 20 days of the court's guilty decision. It must be filed within this 20 day period.
Since you already paid the bail, no further funds will need to be paid for obtaining a trial date.
At trial, if the officer does not appear, then the court will dismiss your case.
At trial, even if the officer appears, you may request traffic school prior to the officer testifying. Most judges will grant this request as long...
Although it is not the best situation where there is a warrant issued and subsequent arrest takes place, it has been my experience that with a competent DUI attorney and one familar with the Orange County Judges and the Deputy District Attorneys, I would anticipate that there is a good chance that you should be able to get your current Probation Revoked and Reinstated and obtain a new 21 day referral to attend the court order alcohol and drug class. You only have 21 days to enroll in the court...
A Traffic Attorney should be able to get the court license holds removed and reset these matters for court hearings. Once the holds are removed, then California DMV would remove the license suspension. Thereafter, this will be reported to a national data base where you should be able to get an Oklahoma license.
It is crucial that you hire not only an experienced traffic attorney, but one that regularly appears in the court(s) where the California tickets ate filed.
The best of luck to...
It is customary for an impounded car to be released to the register owner of the car. If your husband has not shown proof to the LAPD that he is the registered owner, then he should try that route.
If he has and they still will not release the vehicle to him, then you need to hire an attorney to appear in the court where the friend got the ticket and get a court order for the release of the vehicle to the registered owner, your husband.
This type of violation is very fact driven. The officer's testimony at trial may be insufficient to show beyond a reasonable doubt that you violated 23123 in accordance with the statutory language.
Suggest you fight this ticket by hiring the best traffic attorney you can afford. Also, you will need to hire a traffic attorney who regularly appears in the court your ticket is filed.
Best of luck to you.
There has been much discussion of late on AVVO regarding Post Conviction Relief and its effect on one's employment and application for Citizenship.
Under Penal Code 1203.4, certain criminal convictions may be expunged and court records change from a conviction to a dismissal. The effect is that one will not have to disclose the prior conviction, with a few exceptions. It is always recommended that a prior conviction be expunged.
As for Application for Citizenship, the Post Conviction will...
You should be okay if the light remained yellow while you went through the light. If you do get a ticket, you should hire an attorney as the light may be set to turn to red too quickly, less than 3 seconds.