Chad Raymond Maddox's Answers

DUI DMV hearing

In a 1st DUI Misdemeanor, the DMV will need: 1. SR-22 2. Proof of enrollment in DUI class (sent to DMV by the class, you can NOT walk in a copy) 3. Fees ($125 fee plus another $55 if there is a court conviction)

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California 23152 (a) VC under age DUI 0.11% alcohol and possible marijuana.

Your post says you are in Buena park. I practice mostly in Orange County. I can tell you that if your test shows .11%, the OC lab will not test for drugs. The lab has procedures in place. They test for alcohol first. only if the level comes back low (like .04%), will they then screen for additinoal drugs. Where it comes bac .11%, they have all the evidence they need (they think). So they dont spend the extra money looking for more. First offense does not usually carry jail time. Dont...

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DUI first time offender

I did not read the other question and posts... so maybe I am not completely informed on your case... But normally, a 1st DUI with BAC .16% will result in the DA asking for the 6 month class (not the 9 month). The 3 months class is normal for BAC .08 - .14%, 6 months for .15 - .19% and 9 months for .20%. Again, this is the "normal" request by DA in Orange County. If you have an attorney, often the 3 month class can be obtained even with BAC of .16%. Other factors come in to play, so it is...

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Two DUI charges, in two states... and dealing with the DMV.

The DMV is using the WI prior against you. You have a choice: Do what they say or fight it. To fight it, you will need to hire an attorney who handles DMV writs - Writ of Mandate actually. Here is why you should fight it: WI priors can usually not be used against a person in CA for a DUI as a prior DUI. Why? In CA we make it illegal to Drive while impaired, while WI makes it illegal to drive OR OPERATE a vehicle while impaired. CA caselaw has established that this is not the same thing....

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I have a 2nd DUI before 7/1/10, and have had my license suspended for 9 months. Do I need an interlock device in June 2011?

As far as the DMV is concerned, you do not have to have the IID, you can wait until you reach 12 months of suspension and get a restricted license without the IID. This is true no matter when you were arrested. If you have more questions about this, print these answers out and go to an experienced DUI attorney to ask him/her to explain why you get different answers. Consultations are usually free. After talking to at least 3, you should be able to figure out who knows what they are talking...

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Deadline for DA to file charges

Its true the statute of limitations is 1 year. That does not mean the DA gets 1 year to file charges. If the DA delays the filing for ANY period of time, and that delay causes prejudice to you, you may be entitled to a dismissal. I have recevied 2 dismissals in the last year where the delay was about 8 months. The only "prejudice" to my clients were that their memory had faded. This is called a Doggett motion. It is important to properly document the faded memory or any other "prejudice"....

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Court had no record of my DUI Ticket when i showed up.

I practice mostly in Orange County, not near you in Daly City. However, how it works here, is that the police agency sends the arrest report, copy of ticket, etc to the DA office. A DA reviews it and decides whether to prosecute or not. If they decide to prosecute, the DA files a "Complaint" in court. If a Complaint has not been filed, then the court has no record of anything... even though everyone is doing thier job correctly. The DA is not required to file the Complaint by the date on...

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I got pulled over for a DUI they took my blood but two hours later I blew a .13 bac is my case worth fighting ???

Yes, get a lawyer, even for a first offense. Many cases have issues which could result in dismissal or reduction of charges, even if your BAC is high. Like here, you present some issues. Not given a choice of chemical tests. if this is common practice there, then this is not only a violation of your rights, you may be able to get the blood test thrown out. There is a case on this, Irvine PD tried it and got sued several years ago, but some agencies still get caught doing it. Maybe there will...

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DUI ...Updates regarding bills SB 598 and SB 895. Please tell us any updates and if anyone has yet to get a restricted license.

I just appeared in Orange county Superior Court today on this issue. MY client was granted the restricted license by the judge. The order is temporary until she can make a final ruling on 9/10/2010. Then the DMV may appeal. If appealed, the Court of Appeal may have its first opportunity to rule on this issue using this case.

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CA DUI law, is a DUI in CA a felony or a misdemeanor

The other two attorney's made good points. I wanted to add that you should NOT assume that your insurance will cover everything - EVEN IF YOU HAD FULL COVERAGE. The reason is that in CA, most insurance policies now include a provision which allows the insurance company to REDUCE YOUR COVERAGE to the MINIMUM coverage by law if you are DUI in the accident. That means that your insurance company can reduce your coverage in THIS ACCIDENT to $5000 for property damage, and $15000 for each injury (...

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