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Richard Lewis Grant
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Richard Grant’s Answers

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  • Driving school enrollment for DUI

    I am enrolled in 3 month DUI school.. I saw my instructor taking notes like who is responsible, participating, who is answering..i mean just formal, nothing special while we watch videos But my question is, do they have authority to make any ...

    Richard’s Answer

    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.

    Richard Grant
    Orange County DUI Attorney
    949-582-9394

    See question 
  • DUI first time offender

    As the other lawyer mentioned in my first question 3 mons for first offender.. my bac is .16 ...even though i have clean record and first time, i will get 9 months in orange county? i am going to orange courthouse..and my DA is bodly and oli...

    Richard’s Answer

    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 case with Ms. Oliver, I was able to get 3 months instead of 6 months with a donation as suggested above. However, each case contains different facts which would/may alter the outcome.

    If you like more information, please contact myself.

    Lots of luck with your matter.

    Richard Grant
    Orange County Criminal & DUI Attorney
    949-582-9394

    See question 
  • DUI suspension

    I am going for my restricted license on this monday....do i have to take any document(that pink sleep or anything).... SR-22 and enrollement is filed already.. so i just take with cash or credit card?

    Richard’s Answer

    Although you believe that both your SR 22 and Proof of Enrollment are already filed, I would suggest that you bring copies of both in case there has been some oversight by the DMV.

    Additionally, it must be established that yiour license has been suspended for at least 30 days.
    You should have received a letter from the DMV, Notice of Suspension. Just in case there may be an issue as to when your license was suspended, I would also bring a copy of this letter as well.

    Finally, you need to be able to pay for the DMV fees, be prepared to tender their fee.

    Best of luck with your efforts to obtain a Restrictive License.

    Richard Grant
    Orange County Criminal, DUI, and Traffic Defense Attorney

    See question 
  • Can i get the price of my ticket reduced if i get a lawyer for having a ticket for passing a red light without stoping?

    i got a ticket like a month ago for turning right on a red light without stopping and i was wondering if i hire a lawyer will he be able to fight the case to reduce the price of my ticket so i could save up money

    Richard’s Answer

    I have frequently observed that the resolution of this type of ticket, including a possible reduction in court fines, is much different when an Attorney appears in court. An experienced traffic attorney can sometimes get the ticket dismissed, alternatively arrange for the officer to change the ticket on the day of the trial to a Non-Point Violation, or if all fails get the court to award traffic school even on the day of trial.
    All of which could also result in a possible fine reduction. Hence, an experienced attorney who regularly practices in the court where one's ticket is filed can make a significant difference.

    I practice in the Newport Beach Court on a regular basis, mostly every day.

    Please feel free to contact myself, if you would like further information.

    Best of luck with you court case.

    Richard Grant
    Orange County Traffic, DUI and Criminal Attorney
    949-582-9394

    See question 
  • Normally how much does the court charge you for an administrative fine for a fix it ticket for tinted windows?

    does a police officer charge you to sign your ticket after it is corrected and if so, how much do they usually charge? also how much does the court fine you for that?

    Richard’s Answer

    The fine with court penalty assessments will be in in the rage of $150-175.

    The CHIP will not charge, but the Orange County Sheriff will. Suggest you go to any California Highway Patrol Substation.

    Good Luck with your matter

    Richard L. Grant
    Orange County Criminal, DUI & Traffic Attorney
    949-582-9394

    See question 
  • Applying for restricted license after 2nd DUI, do I have to wait for a court conviction or 90 days from the DMV start?

    I had a 2nd DUI arrest in Orange County, CA in July 2011. The DMV suspended my license for one year, which began on Thanksgiving. The court case is still not settled. Can I apply for a restricted licence after 90 days from the DMV suspension or do...

    Richard’s Answer

    Your posted question is something I am quite familar. Recently, I was informed by the Irvine DMV Public Safety Office that one has to wait until there is a gulty plea received, conviction entered, and 90 days has passed after this conviction to apply for a Restricted License as to a Second DUI.

    I would also agree that Orange County is the toughest county for DUI cases. On a Second Dui, the District Attorney will push for 60-90 days of county jail time. I would highly recommend you consult and hire an experienced DUI Attorney who regularly practices in the court you case is being heard. Such an attorney can make a difference in the outcome of your case.

    If I may be of further assistance. please contact myself.

    Richard Grant
    Orange County DUI & Criminal Defense Attorney
    949-582-9394

    See question 
  • DUI DMV hearing

    I lost my DMV hearing and got 30 day suspension. My question is what would I need to get my license back: SR-22 form, I already enrolled in 3 month school is there anything else.? my court date is 25th Jan.

    Richard’s Answer

    If this was your First DUI and lost your DMV Hearing, then suspension is for 4 months, not 30 days. Check you license suspension decision notice.

    Once you are enrolled in a court approved alcohol program for 30 days and license suspended for 30 days, then you can apply for a restrictive license for 5 months.

    I would also suggest that you hire an experienced DUI Attorney who regularly practices in the court where you case will be heard. Such an attorney can have a significant impact on the outcome of your matter.

    Best of luck with your DUI matter.

    Richard Grant
    Orange County DUI & Criminal Defense Attorney
    949-637-3832

    See question 
  • If I lose a trial by written declaration, can I still take traffic school?

    I received a citation for talking on a cell phone while driving. I want to contest it on the basis that the speed and relative position of our vehicles and the lighting conditions made it impossible for the officer to differentiate between holding...

    Richard’s Answer

    Although you can still request a trial de novo if your loose with a Trial By Declaration, selecting traffic school will have no significance or benefit because the cell phone violation is not a non-point violation. Hence, taking traffic school would not be recommended.

    The represented facts you have posted may warrant proceeding to trial in this matter. However, most judges find the officer's testimony credible and enter a guilty verdict where the officer testifies that the defendant was merely holding the cell phone and not conducting a conversation on the cell. The court's having taken the position by just holding the cell phone interferes with the driver's attention and is a violation.

    If you are going to contest this matter with a trial, it is always best that an experienced attorney who practices regularly in the court that your matter will be tried be retained to assist in the preparation for and conducting the trial to provide evidence to illustrate Reasonable Doubt and all applicable defenses.

    If I may be of further assistance, please contact myself.

    Richard Grant
    Criminal, DUI, & Traffic Attorney

    See question 
  • DUI school -first time offense, 0.15 BAC

    I am anticipating loosing my case according to my lawyer and wanna start DUI school early.. my question is, since its my first offense, and dont have any prior conviction, if i will loose, will I get 3 month school or more for my first offense...

    Richard’s Answer

    Knowing that you do not have a vaild defense or legal cause to mitigate your sentence for a 1st time DUI, starting the alcohol treatment program right away has some advantages. First, after you have been enrolled in a court approved program for 30 days, license suspended for 30 days as well, you can apply for a Restricted License with the DMV to go to and from work, school, and Alcohol treatment classes. Secondly, I have found that if it can be represented to the Deputy District Attorney that a client has been pro-active and enrolled in classes before sentencing, then obtaining the minimum length of classes is enhanced.

    As fellow counsel has indicated, Expungement is possible when all probation conditions have be been completed, no new criminal charges, and when at least half of the probation period has expired.

    If I may be of further assistance, please contact myself.

    Richard Grant
    Irvine/Newport Beach/Orange County DUI and Criminal Defense Attorney
    949-582-9394

    See question 
  • Is it possible to get house arrest in Orange County for a third DUI? Has realignment changed anything for DUI sentencing?

    3rd DUI--Harbor court, Orange county, CA

    Richard’s Answer

    House arrest and monitoring is available in Orange County, but just not Harbor/Newport Court.

    However, with a 3rd DUI, you may be elligble for "The DUI COURT PROGRAM" that may be a way to avoid jail time in exhange for extensive counseling and alcohol treatment program for 18 months.

    I have not experienced Realignment having a significant impact to DUI sentencing in Harbor Court. However, currently, Orange County will give one additional day credit for each actual day served. If you get 90 days in county jail, you should be released in 45 days.

    If I may be of further assistance, please contact myself.

    Richard Grant
    Irvine/Newport Beach Dui & Criminal Defense Attorney
    949-582-9394

    See question