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Christopher John McCann
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Christopher McCann’s Answers

65 total


  • Will a 1650 waiver packet to get license in another state work with an active bench warrant.

    When I was younger I made some bad choices. I have a misd. bench warrant in CA for not completing 2nd DUI probation. I now live in rural Idaho. After a rough start in life and battling alcoholism, my life is in order and Im a married proud parent...

    Christopher’s Answer

    The 1650 waiver packet is only for lifting DMV holds related to the failure to complete a DMV-approved alcohol program, (since such programs can only be done in California.)

    The "failure to pay" ("FTP"), you refer to is something different. This usually occurs where the failure to pay fines for an infraction ("ticket") will lead to a DMV hold on your driving privilege, which CAN be remedied by just paying it. A 1650 waiver packet doesn't have anything to do with having an FTP.

    If DMV tells you that you have a FTP, then that is for an infraction. If you failed to pay fines for your misdemeanor DUI case, the court will issue a warrant, but DMV doesn't take an action for that.

    If you failed to complete a court-ordered DUI program, the court will issue a warrant for that, AND DMV will put a hold on your license. You need to get court permission to do an out-of-state program (which they will), by having an attorney appear and request it. You can't do that by mail.

    That out-of-state equivalent will NOT satisfy DMV, though, so you WILL have to request that DMV send you a 1650 waiver packet, complete it and send it back. You won't have to do a DMV-approved program, and the hold will be lifted.

    Note that you CANNOT drive in the State of California for 3 years though. You will also have to file an SR22 (proof of insurance and maintain the insurance for 3 years) and pay the reissuance fees.

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  • Is there a chance I can not plead guilty?

    I got arrested for DUI earlier this month. I was initially pulled over for one of my tail lights not responding to my signal (it is on though). The officer asked if I know why I got pulled over. I said no. He told me about my tail lights. He asked...

    Christopher’s Answer

    CHP cars are equipped with dashboard cameras referred to as "MVARS" (Mobile Video Audio Recording System). They capture video from 1 minute prior to their forward red lights being turned on, and audio from the moment the lights go on. If their was an issue with your tail lights or your driving, and you were driving in front of the CHP vehicle's camera, it should be evident from the video.

    If there were no other reasons to stop you, you can challenge the legality of the traffic stop in court and get all the subsequently-obtained evidence thrown out.

    As soon as you said you had anything to drink, you were going to be arrested no matter what happened.

    If you are over 21 and not on DUI probation, you should refuse the pre-arrest Preliminary Alcohol Screening Device test.

    The officer does not have to read you your Miranda Rights unless you are subjected to a custodial interrogation. Questions asked prior to your arrest are considered "investigatory" only and not a custodial interrogation requiring a reading of your rights. After you were arrested, officers typically don't ask any other incriminating questions, so Miranda isn't typically an issue in a DUI case.

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  • My boyfriend has two prior DUIs and he was caught driving with a suspended license. he got 207 days in county jail.

    will he do the whole 207 days?

    Christopher’s Answer

    Likely no. By law, when sentenced to country jail, absent special circumstances that you don't mention here, he will serve no more than 50% of that time. Depending on the county, he could do much less due to overcrowding, such as in LA County jail, where men are doing 10% or less sometimes.

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  • I was in a car accident and my friend was driving drunk

    a few nights ago a few friends and I were out on the town drinking. we were all in the car together heading home. The next thing I remember is the car flipping over and then I remember waking up in a hospital. I received some minor burns from the...

    Christopher’s Answer

    The friend who was driving could be in very serious trouble if it is proven that he or she drover under the influence and that as a direct result all of these people sustained such serious injuries. That person eneds a lawyer. As for your injuries, you should absolutely get a personal injury lawyer and have that attorney pursue a claim against the driver's insurance company.

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  • If I do the maximum on my DUI case, can I also get a fine?

    I did a one year sentence on a DUI. ("second" DUI...but seven over twenty five years on my record) I did the maximum sentence because I knew I wouldn't get through the classes and all that BS of being on probation, ect. Now, a year after I fini...

    Christopher’s Answer

    It is possible that you still owe the fines. A maximum jail sentence only satisfies the jail time issue, and likely means you wouldn't be placed on probation. (Hard to say without knowing more information.) You have to specifically ask that the fines be converted to jail time. That converts to a day in jail for every $30 of the base fine. For a typical minimum fine of "$390 plus penalty assessments", that is 13 days in jail. You still will have to pay a couple hundred dollars for "other" fees and fines that can't be converted however.

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  • Hello, i just got a DUI in california. Do lawyers normally handle just the court part or do the DMV hearing as well?

    Someone told me they do not deal with the DMV and another told me they do...im confused...

    Christopher’s Answer

    Most do. It is unusual to find one that does not in my experience.

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  • I was issues a DUI in 2007. I paid for everything except the actual fine. How do i find out how much it is.

    I'm sure by now its a warrant and i would like to be able to stand before the judge with the money in hand in an effort to not be arrested.

    Christopher’s Answer

    It will be difficult to get a clerk on the phone in most courts. Your best bet is to go into the clerk's office and ask them. If your are late and a warrant was issued, you will have to see the judge and you could get your probation violated. Be aware of that and you may need a lawyer in such a situation. I would plan on bringing enough money to pay it all off on the spot if you can. The courts are very forgiving of such violations if you give them their money!

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  • Can the court take my license for not paying a dui fine, even If I have completed a dui course?

    It has been almost 8 years since I got my dui. I have finally started dui class, but haven't paid my fine. Once I complete the class, can the court take my license after I get it reinstated by the DMV?

    Christopher’s Answer

    The court does not generally suspend one's license in a first-time DUI case absent unusual circumstances. The DMV handles the suspension. So long as you satisfy DMV, it would be unlikely the court would be taking any action on your driving privilege, regardless of whether you paid your fines or not. I would recommend setting up a payment plan with the court, though, in order to clear up any warrants or potential probation violations.

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  • On a restricted drivers license can I drive with people in my car if it is to and from work or my dui first offenders classes?

    can I stop for food, gas, or grocery shopping? can I leave my car at work or dui program parking lots and then venture to do other personal things and return to my vehicle after?

    Christopher’s Answer

    You can drive with people in your car as long as it is to or from work, course and scope of employment, or to and from the alcohol program. Technically, any other driving off of those specific routes and your home would not be allowed. If the gas station or grocery store is on the way, but not off of a different street, I think you would have a very defensible argument if you happened to be stopped and arrested for driving in violation of your restriction.

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  • I copied this off of http://mosquedalaw.com/CRIMINAL%2022.htm and was wondering whether it is true?

    DMV Action on First DUI Offense: As stated earlier, all license actions are handled by DMV after September 20, 2005. Pursuant to Vehicle Code Section 13352(a)(1), the DMV, upon receipt of a duly certified abstract of the cou...

    Christopher’s Answer

    That would be an accurate statement of law. In fact, it is copy-pasted from the statute almost exactly.

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