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Robert Louis Miller
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Robert Miller’s Answers

427 total


  • If video contradicts the police report, is it means for dismissal in a DUI case?

    the officer states text book procedures in his report. he did not ask for drivers license, registration, insurance. he says he stopped me for speeding but later in video he said he stopped me for driving all over the place. he also states that he...

    Robert’s Answer

    Thank you for your question. The police do have to have probable cause to arrest in every criminal case without a warrant, and it sounds as though the videotape in your case proves there at least some issues.

    In a DUI case, you can also challenge the testing of your blood or breath, for a variety of reasons, and there may be other issues, either factually or legally, that could help you challenge the case.

    Whether a contradiction is "means for dismissal" goes to the strength of the contradiction, and is usually up to a judge, after bringing a motion to suppress evidence. That is where a good attorney can challenge the evidence and help you fight the case using the video.

    All the best to you.

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  • Dui arrest?

    I was pulled over a night after drinking with some friends which I shouldn't had done. I was a minor at that point. I got pulled over and the officer asked me if I was drinking. They did some test afterward and issue me a citation ticket and a for...

    Robert’s Answer

    Thank you for your question.

    The answer is that yes, that would be considered an arrest, as others have noted. Even though you were not "booked", which typically involves fingerprints and a photograph, you were detained, arrested, given a citation, and released. That should show on a criminal record, should someone (or you) run one.

    Keep in mind that an arrest is not evidence of guilt and is not a conviction. And it sounds like you will still need to deal with the conviction. All the best.

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  • Dui

    Received a DUI the 9th of may, June 1st went to court was one of 5 people called up first when court started judge said all or name's and said if we don't hear from the them within 30 days that's it. it's been difficult to have to wait to see if...

    Robert’s Answer

    Thanks for your posting on Avvo. As others have stated, it's up to the prosecutor, usually based upon the evidence, not any of us speculating online.

    However, the DA or other prosecutor has one year to bring charges on a misdemeanor case. So the closer you get to that deadline, the less likely the case would be filed, at all. Once you pass one year, then you cannot be prosecuted.

    All the best to you.

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  • My dui is 10 years old i have never done the class but the courts gave me my lisense but dmv will not why when the statue is 10

    do i need to get a abstract from the courts.,and will my many drive w suspended lisense affect it too

    Robert’s Answer

    Thank you for your posted question. The DMV requires that you do the class to have your California driving privileges reinstated.

    Even though there is a ten year look back period for prior DUI charges, that doesn't mean that anything "drops off" of your driving record, as it might do with a credit report, for example. In your case, since the alcohol school is a condition of reinstatement of your driving privileges, you would have to do the class.

    Overall, you would certainly be better with an attorney in this case, and you should consider at least speaking with one. All the best to you.

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  • How to obtain Blood results before my DUI hearing

    Can I obtain my blood results BAC from a blood draw that was taken at the hospital after a minor accident? Can I also obtain my breathalyzer results before the hearing?

    Robert’s Answer

    Thank you for your email. You may be able to make a HIPPA qualified request directly to the hospital for any blood test results as part of your right to your own medical records.

    If Placer County has the ability, like many other counties do, to check online for blood alcohol test results, or PAS test results, you may be able to also obtain that information through the county's website.

    Another way you may be able to obtain that information is by requesting, yourself, or through an attorney, a DMV hearing. The DMV must provide you, at your request, with all documents to be used against you in your hearing, and that would include the blood test and PAS test results.

    Overall, you would certainly be better with an attorney in this case, and you should consider at least speaking with one. All the best to you.

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  • DUI Case

    My sister had a DUI and went to court and was given classes and other things she needed to complete before a certain date, since that time she has been diagnosed with Stage 4 Cancer and has been unable to complete the court orders. She has been g...

    Robert’s Answer

    Thank you for your question, and I am very sorry to hear about your sister. Certain things about a DUI sentence may be mandatory to impose, but are subject to modification by the court, according to what is in the best "interests of justice".

    A motion to modify the sentence would certainly be appropriate here. You asked how that is done, and that is best done through an attorney. A researched, written motion, served on the prosecutor, filed with the court, and (and this is important), with medical documentation regarding her inability to perform the duties of her sentence, should lay out exactly what you want to have happen, and the reasons why, for the judge to consider.

    All the best to you, and to her.

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  • Do I need a dui lawyer

    On probation for a dui from 2012 and just recently got 2 more 3 months apart

    Robert’s Answer

    Thanks for your question, and I'm sorry to hear about the situation you are now facing. You certainly have a lot at stake, including substantial jail time for what the court and DA may treat as a third time DUI.

    With so much punishment hanging above your head potentially, you should certainly at least consider, and preferably meet with, a qualified DUI lawyer to help you through this.

    There are options available to you, and based upon any potential legal or factual defenses, you may have good results here. All the best.

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  • I already had been charged with dui and plea guilty, can I reopened my case?

    I was charged with dui and according to my attorney I pleaed guity just before my trail. Can I reopen my case again? I still have questions that my case could dismissed or should went to rectless. Please advise if I can re open my case again. How ...

    Robert’s Answer

    Thanks for your question. The law does have a procedure for withdrawing your plea, and making your case active again, but that may be difficult. It always is based upon the facts of why you pled guilty, and the facts of your case.

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  • How can I get background check clearance for a job in social work with a DUI criminal record?

    I was convicted of a DUI in January 2014 and am going to interviewing for a job in social work. I know I will have to pass a background check and have read things about exemptions. Does anyone know any more information? If I do have to get an exem...

    Robert’s Answer

    Thanks for your question, and I wish you much future success in your career in social work. I could be wrong, but I am fairly sure you might be speaking about an expungement (which is a motion to dismiss under Penal Code section 1203.4), not an exemption. You mentioned a background check, and an expungement would change your conviction, on a criminal record, to a dismissed case, if granted. It would not affect your driving record.

    To be even eligible for an expungment, you must be off probation. You can bring a motion to terminate probation early, (which is being proactive, as you stated),. or wait for it to expire after three years. Once you are off probation, you would file the motion, serve it on the prosecutor, and have the judge sign the expungement order, either after a hearing, or after taking the matter under submission.

    All the best to you.

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  • Didn't do test cop told me to do so now my license is suspended but i need to drive to work and school. when can i get a license

    got a dui. Went to court. and now the dmv has suspended my license. what can i do to get it back or driver to work license. they said because i refused to breath test or give blood that my license is suspended for a year.

    Robert’s Answer

    Thanks for your question. It sounds as though you are suffering the punishment for a refusal, which is a one year "hard" suspension, with no restriction available.

    This answer would be different if you are under 21, for which there is the option to apply for a "critical need restriction", which may grant you the right to a restricted license.

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