Robert Louis Miller's Answers

Does having a high BAC on my 3rd DUI make it way worse? Also, if the other DUIs were in 2 other states will they know forsure?

Thanks for your question. A BAC above .15% in California is a sentencing enhancement which can be used to worsen your punishment, yes. To give you further bad news, often judges or prosecutors use the blood alcohol level in deciding how much punishment you are offered. If the DUIs were in two other states, it's up to the prosecutors to find out about them, get documents or other records, and show to the court (or jury) that the prior cases actually met the legal definition of a prior in...

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Cali.-My 1st DUI was in 2004, convicted of #2 in 2010, first DUI was under 7 year law, has been 7 years already, can i expunge?

Thanks for your posting. The answer to your question is that you may not be aware that the law changed in California in 2005, making the lookback period 10 years, not 7 years. You could have had an expungement done anytime, but if you are currently on probation for the 2010 conviction, you would not be eligible. I hope that this helps, but please feel free to ask if you have any further questions. It's my pleasure to help in any way that I can. All the best to you.

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Will I be able to get my lvn license after pleading No contest to penal code 550b 1. ?

Thanks for your posting. The answer to your question is that it is not likely with this case on your record, that you will be able to get your LVN license without jumping through a few hoops. As others have noted, insurance fraud is a crime of moral turpitude, which is especially dangerous for employment or licensing purposes. The use of a good attorney experienced in licensing issues would be able to help you greatly in this type of case. I hope that this helps, but please feel...

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Statute of Limitations for DUI.

Thanks for your posting. The answer to your question is that, unfortunately, you will have to do the 18 month multiple offender class to satisfy the California DMV. After you do that, assuming you have insurance, file an SR-22, and pay a reissuance fee, you should be eligible to get your license reinstated. I hope that this helps, but please feel free to ask if you have any further questions. It's my pleasure to help in any way that I can. All the best to you.

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DUI record showing up in other states?

Thanks for your posting. The answer to your question is that most states are part of the Interstate Driver's License Compact, which is an agreement to share information among various DMVs of different states. Only 45 states out of 50 participate, but California, as well as Texas, Arizona, and Oklahoma are all members, unfortunately. I hope that this helps, but please feel free to ask if you have any further questions. It's my pleasure to help in any way that I can. All the best to you.

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Not able to pay DUI fine

Thanks for your posting. The answer to your question is that you should go into court, before your due date, and explain your situation to a judge. The court has the power to have you do community service in lieu of fines, or suspend payment for a period of time altogether. I hope that this helps, but please feel free to ask if you have any further questions. It's my pleasure to help in any way that I can. All the best to you.

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Deportation

Thanks for your posting. The answer to your question is that to be a deportable offense, your crime would have to be (a) a crime of moral turpitude; (b) an aggravated felony, or be otherwise deportable (as crimes of violence are, for example). If you were convicted of reckless driving which caused minor bodily injury, that generally is not any of those, but a consultation with an immigration attorney regarding all the facts of your case is the way to go. I hope that this helps, but...

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What Is a settling hearing/trl

Thanks for your posting. The answer to your question is that a settlement hearing is an opportunity for both sides to exchange information about the strength or weakness of a case, facts and legal defenses, to try to come up with a plea bargain rather than put on a preliminary hearing. I hope that this helps, but please feel free to ask if you have any further questions. It's my pleasure to help in any way that I can. All the best to you.

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My license was taken away for 3 dwi in New Jersey in 1987 and I moved to CA,without taking care of it can I get my license in CA

Thanks for your posting. The answer to your question is that California and New Jersey are both signatories to the interstate driver's commerce compact, meaning that they share information between the states. Unfortunately, you will need to clear up the New Jersey action, before California will issue you a license. I hope that this helps, but please feel free to ask if you have any further questions. It's my pleasure to help in any way that I can. All the best to you.

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Do I need to declare a Minor in Consumption on a job application?

Thank you for your question. Most job applications ask about a felony. You have, of course, not been convicted of a felony. Infractions are not considered a crime, so you can truthfully answer no if asked if you have ever been convicted of any "crime". I hope that this helps, but if you have any other questions, feel free to post here. It's my pleasure to help in any way that I can, and best of luck to you.

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