You should definitely chat with an attorney. The first thing you want to do is call DMV and make an ADMINISTRATIVE PER SE Hearing. Tell them you want a "STAY" and "DISCOVERY." This will allow you to keep your license past the 30 days and your license will not be suspended until the Hearing Officer makes a decision after the hearing. Also, since you were 20 when this happened, you very well will lose your license for a year, depending on the facts of your case. If you weren't driving when...
In Orange County, you may have the option of DUI Court, which would drastically reduce your jail time. Consult with an attorney ASAP in regards to a viable resolution and possible defense. Many of us on Avvo offer free consultations. Best of luck.
The good news is that your case will be in Harbor Court. I also assume they took blood from you which may be privately quantified. I know this all sounds confusing, but you may have a decent chance at negotiating your case! Please call DMV within 10 days to set up an APS Hearing, There is a good chance DMV will not initially suspend your license if your blood-alcohol level was below .08. That makes your court negotiations all the more important since a DUI conviction will result in a DMV...
There are two concerns at issue: (1) any criminal liability she may have; and (2) a possible civil rights case under "color of authority" she may have against the officers. Many of us offer free consultations and will be able to address both issues. Make sure to document all injuries by saving medical records and taking daily pictures of her injuries. Best of luck.
DMV has a Mandatory Action Unit (MAU) in Sacramento which may be able to answer your question. Their direct number is (916) 657-6525. Another great resourse for this type of information is an insurance company -- they routinely deal with SR22 issues. Hope this helps. Best of luck.
Not to beat a dead horse, but I agree with all of my colleagues above -- get a lawyer! There are several things you need to do -- call DMV within 10 days to set an “APS (Administrative Per Se)Hearing”. Let DMV know 3 things when you call them WITHIN 10 DAYS OF YOR ARREST: (1) you want an APS HEARING” -- this hearing may be done over the phone or in person; (2) you want a "STAY" -- this will keep your license valid until the Hearing Officer issues his/her ruling -- usually 21 days after the...
The answers above are all good suggestions, but I also want to inform you of your rights under Marsy's Law. Marsy's Law is the Victims' Bill of Rights in the California Consitution passed on November 4, 2008. It gives victims of crimes in California wonderful constitutional rights. I practice in this area and have handled many high profile cases. Please feel free to check out my website www.justice4crimevictims.com or contact me for a free consultation.
If this occurred more than three years ago, the statute of limitations has run and you should be fine. If I am not understanding your question and you were charged, you are now able to file a Welfare and Institutions Code 781 Petition to have any "conviction" as a juvenile sealed. Best of luck.
First things first. A second DUI is mandatory jail time. A warrant may be issued on a second by the judge prior to going to court and/or bail may be set when you go to court. Incarceration may be negotiated by your attorney to home confinement or private jail, given the skills of your lawyer. I'd call a lawyer ASAP. Most of us on Avvo offer a FREE consultation.
The only way to truly get a strike removed is to have a judicial finding that the plea was unconstitutional or make a motion to withdraw the plea and then to see if you can get it dismissed. You can also try to get it dismissed post-conviction per 1203.4 (if you didn't go to prison) or a Certificate of Rehabilitation (if you did go to prison), but these latter two options still do not remove the burglary from being a strike even if dismissed via these avenues. Best of luck.