Richard Wagner’s Answers

Richard Wagner

Irvine DUI / DWI Attorney.

Contributor Level 9
  1. My second dui from 9 years ago court is taken care of but need to drive as soon as possible. what are my options?

    Answered almost 2 years ago.

    1. Richard Wagner
    2. Daniel C Grupenhagen
    3. Jon William Woolsey
    4. Elliot Rahmim Zarabi
    5. Manny Daskal
    6. ···
    6 lawyer answers

    After you have served 90 days of the suspension period (which is 2 years total based on your conviction), then you can get a restricted license (to/from work and alcohol program & course and scope of employment) if you enroll in the 18 month program, pay the DMV a fee, have an SR-22 on file with the DMV and your license is not otherwise suspended. No way you can drive without doing the program. Sorry.

    Selected as best answer

  2. Dear Lawyer, yesterday I was charged for burglary and conspiracy. What wil happen to me?

    Answered almost 2 years ago.

    1. Elliot Rahmim Zarabi
    2. Daniel C Grupenhagen
    3. Joseph Briscoe Dane
    4. Richard Wagner
    4 lawyer answers

    The DA overcharged you. You should hire an attorney to get the charges reduced. My law firm has had lots of success with these types of cases getting them reduced or dismissed. Here are some links for information from my law firm's website.

    4 lawyers agreed with this answer

  3. What are the penalties for a 3rd DUI?

    Answered over 1 year ago.

    1. Mohammad Ali Salimi
    2. Michael Korry Bialys
    3. Gilberto Benito Vega
    4. Richard Wagner
    4 lawyer answers

    The minimum amount of jail is 120 days. BUT, in Orange County, they do not give out the minimum. You are looking at the maximum which is 1 year. However, you can get the jail-time shortened by entering rehab and/or qualifying for DUI Court. The DMV will also revoke your license for 3 years, but you can get a restricted license after completing 6 months of an approved DUI school, if DUI was alcohol only. All of the mitigating evidence (preexisting med condition) needs to be put before the...

    3 lawyers agreed with this answer

  4. Is there a way to find out the charges prior to arraignment?

    Answered over 2 years ago.

    1. Jennifer Diem-Trang Le
    2. Tai Christopher Bogan
    3. Richard Wagner
    4. Ryan James Tegnelia
    5. Brian Russell Michaels
    5 lawyer answers

    Here some information: You get the information at the Arraignment. Not before. California Law: Transportation of a controlled substance from one place to another does not require more than minimal movement while under your control. However, Los Angeles Criminal Defense Attorneys know there are other scenarios that will not justify a conviction for transportation, even though it may be a case of simple possession. For example, carrying the illegal substance for a short distance may...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. My Fiancé had court today before his charge level was (F)Felony now its (O)Other. What does this usually mean?

    Answered over 2 years ago.

    1. Richard Wagner
    2. Vincent Ronald Ross
    2 lawyer answers

    The records have not been updated. There may have been charges added to the case. Domestic Violence cases can have a lot of different types of charges, including felonies and misdemeanors. There can be assault, battery, with or without injury, vandalism, etc. Plus, you say that he has been charged with Kidnapping. This is a felony and he faces a sentence up to life in prison. The witnesses you have are very important. You need an investigator on your defense team.

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  6. Who do I talk to about reducing the charges against my son?

    Answered over 1 year ago.

    1. Joseph Briscoe Dane
    2. David Laurence Altman
    3. Neil James Fraser
    4. Bennett James Wills
    5. Seth Andrew Weinstein
    6. ···
    9 lawyer answers

    It's too bad it has gotten to this point. I recommend calling our office and speaking with Jack Gold who is a criminal defense attorney. The advantage you will have talking to him is that he was a juvenile court judge in Los Angeles for over 25 years. He will give you the information you need. If you need to hire him, he won't charge you "an arm and a leg."

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. I didn't finish my community service

    Answered almost 2 years ago.

    1. Richard Wagner
    2. Barry Franklin Poulson
    3. Loren M. Dickstein
    3 lawyer answers

    Make sure you show up to court. You are in violation of your probation. Get a public defender, or a continuance to hire a private attorney or rep yourself. Be honest with the judge about why you didn't do your community service. The judge should give you an extension.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Failure to provide defense with discovery.

    Answered almost 5 years ago.

    1. Gayle Anne-Marie Gutekunst
    2. Alexander Thomas Henderson
    3. Daniel Aaron Horowitz
    4. Richard Wagner
    5. Howard Woodley Bailey
    5 lawyer answers

    California Penal Code Section 1054.5 provides your answer: (b) Before a party may seek court enforcement of any of the disclosures required by this chapter, the party shall make an informal request of opposing counsel for the desired materials and information. If within 15 days the opposing counsel fails to provide the materials and information requested, the party may seek a court order. Upon a showing that a party has not complied with Section 1054.1 or 1054.3 and upon a showing...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. Probable cause statement not signed and dated on DMV DUI police report

    Answered almost 2 years ago.

    1. Daniel C Grupenhagen
    2. Curtis Lamar Harrington Jr
    3. Matthew Murillo
    4. Richard Wagner
    4 lawyer answers

    The question arises whether a “cut and pasted” probable cause narrative in an officer’s sworn statement is actually part of the sworn statement. The new DS-367 forms contain the following statement: PROBABLE CAUSE (DESCRIBE IN DETAIL THE FACTS AND CIRCUMSTANCES THAT LED TO THE STOP OR CONTACT.) THE NARRATIVE MUST BE AN ORIGINAL. PRINT OR WRITE DIRECTLY ON THIS PAGE. (A SYNOPSIS OF THE SUPPLEMENTAL REPORT MAY BE CUT AND PASTED BELOW AND MUST BE DATED AND CONTAIN AN ORIGINAL SIGNATURE.) The...

    1 lawyer agreed with this answer

  10. Will i be on Probation or taken to Juvenile Hall?

    Answered almost 2 years ago.

    1. Richard Wagner
    2. Gayle Anne-Marie Gutekunst
    2 lawyer answers

    I doubt you will be taken to juvenile hall. I doubt that you will even be charged with a crime. You need to face the situation. The best thing to do is scrape together some money and hire an attorney to go with you to the interview. For example, a former LA juvenile court commissioner who is now a defense attorney at our law firm could go with you to the interview. He would help you with all your questions and make sure you don't get into worse trouble.

    1 lawyer agreed with this answer