We're ready to help. Contact us today.
949-660-1389
-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Maltaise E Cini's Answers
Contributor Level 11
- 146 Legal Answers
- 0 Legal Guides
4
Attorney answers:
I am halfway through DUI class in Compton court and judge gave me less time then class is to complete I believe on accident.
You cannot get an extension without going to the court. Sometimes an extension may be granted through the alcohol liaison office in the court house. Otherwise you have to request to have the matter put on calender. The court should give you the extension necessary to complete the classes. Make sure that you have your proof of enrollment and a progress report from the program. If you need assistance with this contact my office directly at 949-660-1389.
Selected as best answer
3
Attorney answers:
What is a Kellett motion for my criminal case?
(Kellett v. Superior Court (1966) 63 Cal.2d 822) is the case that your attorney is referring to. What the case stands for is when the District Attorney files charges against you, they cannot bring a subsequent prosecution for different charges that arose out of the same incident if they knew or should have known about those additional charges at the time of the first prosecution.
7 lawyers agreed with this answer
5
Attorney answers:
What is a defense lawyers responsibility to a defendant to enter a plea?
Before a client pleads guilty the attorney should have reviewed the police report with the client and heard the client's version of the facts. The attorney should also discuss the pros and cons of proceeding to trial. The attorney has a responsibility to convey all offers that are made by the District Attorney to the client. The attorney should inform the client of the maximum sentence and any enhancements. Should the client decide to plead guilty the attorney is responsible for explaining...
6 lawyers agreed with this answer
5
Attorney answers:
I am on a dui misdemeanor informal court probation, in santa clara county, am i subject to search?
On a misdemeanor DUI you should not be on search and seizure. As the other attorney's stated look at the probation order and see what your terms of probation are. If you do not have them then go to the courthouse and pull the file. On the probation terms it will show if you are on search and seizure. Also ask for a copy of the minutes as they will state the terms of probation.
4 lawyers agreed with this answer
4
Attorney answers:
Could I travel to Japan with a misdemeanor DUI conviction?
A California court will not prohibit you from traveling outside of the country. You should contact the Japanese consulate to check if a DUI conviction will prohibit your entry into the country.
4 lawyers agreed with this answer
4
Attorney answers:
DUI suspension
DMV will require that you show them proof of enrollment in the class, the SR-22 and the filing fee. As the other attorney stated you should take all your paperwork to DMV.
4 lawyers agreed with this answer
5
Attorney answers:
Are DUIs convictions eligible for dismissal/expunged in court?
Penal Code Section 1203.4 allows for expungment of an offense from your record. As a general rule you are eligible to have a matter expunged if you are not facing any current charges or on probation for another offense and your sentence did not involve state prison (as opposed to county jail), California allows you to have your DUI conviction expunged after you complete your probation. The court may deny your expungment if you violated probation. If this was the situation the court should...
4 lawyers agreed with this answer
5
Attorney answers:
I need advice on a hit and run section vc20002 code
Vehicle Code Section 20002 may be charged as a misdemeanor or a felony. Here is a link to the DMV website on the Vehicle Code http://www.dmv.ca.gov/pubs/vctop/d10/vc20002.htm. You are saying that this happened 10 years ago-the statute of limitations, which is the number of years within which charges may be filed should have passed by now. Was your husband ever cited and then failed to show up in court? There may be a motion to be filed regarding this issue. From your statement it...
3 lawyers agreed with this answer
3
Attorney answers:
How much time can be served on a first time domestic violence charge with no prior conviction?
Each case us unique. A sentence is based upon the facts of the case, in a domestic violence case the district attorney will consider the injuries as one of the factors , priior history of dv between the partis and the defendant's prior record. The maximum sentence for a misdemeanor dv is 1 year and a felony is 3 years (if there are no other charges or prior convictions). Your friend should retain counsel or request the assistance of the public defender. An attorney will make a motion for...
3 lawyers agreed with this answer
4
Attorney answers:
Do I need to enroll in a Licensed DUI program in order to apply for a CA DMV restricted license after the initial...
Given that you are serving a 30 suspension of your CDL that leads me to believe that you had an APS hearing and DMV made findings that your blood alcohol was .08 or higher. In order to get a restricted CDL and then have DMV reinstate your full driving privileges you need to complete the alcohol program along with the showing proof of the SR22 and the reinstatement fee.
3 lawyers agreed with this answer