Christopher John McCann’s Answers

Christopher John McCann

Santa Ana DUI / DWI Attorney.

Contributor Level 10
  1. Got a 2nd dui. i went to my first court date which was the arraignment. but i missed the second court date .

    Answered about 1 year ago.

    1. Christopher John McCann
    2. James Brian Campbell
    3. Dan Eugene Chambers
    4. Lonnie L Mcdowell
    5. Stephen Ross Cohen
    6. ···
    11 lawyer answers

    Most likely you have a bench warrant out, and though it can take time to get in the system, I wouldn't count on it. It is possible that they could come out to arrest you. I suggest you or an attorney immediately go into court and get the warrant recalled and continue fighting the case.

    20 lawyers agreed with this answer

  2. I was in a car accident and my friend was driving drunk

    Answered 10 months ago.

    1. Staycie Renee Sena
    2. Peter John Marek
    3. Joseph Briscoe Dane
    4. Cambria L Lisonbee
    5. Nicholas Milan Loncar
    6. ···
    16 lawyer answers

    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.

    19 lawyers agreed with this answer

  3. I received a DUI, but I was not actually driving the car. Is this legal?

    Answered about 1 year ago.

    1. Sharon Paris Babakhan
    2. Daniel C Grupenhagen
    3. Kapesh Vithal Patel
    4. Christopher John McCann
    5. Lonnie L Mcdowell
    6. ···
    10 lawyer answers

    To prove a charge of DUI, then they must prove you drove a motor vehicle. I'm concerned that you say you "came to the scene." How did you get there? If you and your car are there on the side of the road (and your friend and her own car), then there is circumstantial evidence you drove there. It's not clear whether you admitted to driving as well. Regardless, it is a good case when your BAL was only .06%. Though the DA doesn't need a .08% BAL necessarily to prove a DUI, so you will still need to...

    16 lawyers agreed with this answer

  4. If someone could give me advice on a Orange County, Ca. DUI that would be much appreciated.

    Answered 11 months ago.

    1. Dan Eugene Chambers
    2. Michael Kevin Cernyar
    3. Greg Thomas Hill
    4. Christopher John McCann
    5. Troy Slaten
    6. ···
    14 lawyer answers

    You should contact a local DUI defense attorney such as this office to schedule a free consultation. Any attorney would need more facts before advising you how to proceed.

    15 lawyers agreed with this answer

  5. Can they still charge me for a dui after six months of no action?

    Answered about 1 year ago.

    1. Christopher John McCann
    2. Michael Jon Fremont
    3. Matthew Murillo
    4. Joshua Matthew Dale
    5. Joshua Kaizuka
    6. ···
    8 lawyer answers

    Generally, the DA has up to 1 year to file a misdemeanor DUI case against you. (There is an argument that can be made that a lengthy delay less than 1 year that prejudices your ability to fight the case entitles the defendant to a dismissal.) In other words, you still have to fight this case. I would get a good local DUI defense attorney to represent you in this matter. If you get a private attorney to appear, you do not have to attend court.

    14 lawyers agreed with this answer

  6. Can I find a way to bypass dui classes if offense was in 07? Have I any options?

    Answered about 1 year ago.

    1. Denis Hurley White Jr
    2. Christopher John McCann
    3. Michael Jon Fremont
    4. Wade J. Skalsky
    5. Michael James Kennedy
    5 lawyer answers

    If you reside out-of-state, you can avoid the DMV's requirement to do the DUI classes under certain circumstances, but if you were convicted in court, the court will still require at least an out-of-state equivalent. As for DMV, you can request a "1650 Waiver" packet they'll mail to your home address. You would fill it out and return it with proof you live out-of-state. This will cause the DMV to lift any hold on your driving privilege that your home state may be honoring as well. However, you...

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  7. How do I get my license back

    Answered about 1 year ago.

    1. Christopher John McCann
    2. Matthew Murillo
    3. Daniel C Grupenhagen
    4. Jasen Bodie Nielsen
    5. Anthony David Scott
    5 lawyer answers

    If it has been over a year, then the statute of limitations for misdemeanor DUI has passed and the case can no longer be filed. As to the status of your son's license, it depends on several factors: What happened with your son's DMV hearing? If it was a first DUI action by the DMV in 10 years, then he likely would only face a 4 month suspension. If your son lost that hearing because he didn't request one, then his suspension would have started on 7/3/12 and last through about 11/3/12. He has...

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

    Answered 10 months ago.

    1. Christopher John McCann
    2. Greg Thomas Hill
    3. Matthew Murillo
    4. Michael Stewart Phillips
    5. Michael Jon Fremont
    6. ···
    8 lawyer answers

    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...

    11 lawyers agreed with this answer

  9. DUI, Probation, Out of State

    Answered 11 months ago.

    1. Christopher John McCann
    2. David Thomas Reagan
    3. Edward Brandon Beckham
    4. Derek Anthony Patrin
    4 lawyer answers

    Yes, as long as it is not supervised probation, which requires approval of the probation department as to where you will live and work. Most misdemeanants are on unsupervised, informal, summary probation, so it is not an issue. Keep in mind, you must get court permission to complete an out-of-state program, and CA DMV will NOT approve an out-of-state program for purposes of getting a restricted license.

    10 lawyers agreed with this answer

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

    Answered 10 months ago.

    1. Troy Slaten
    2. Christopher John McCann
    3. Denis Hurley White Jr
    4. Brian Russell Michaels
    5. Michael Kevin Cernyar
    6. ···
    8 lawyer answers

    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.

    9 lawyers agreed with this answer

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