Moises Aguilar's Answers

What type of documents should I subpoena the CHP for in preparation for my DMV Hearing.

DMV hearings are not a "do it yourself" project. They are very difficult to win, even for us attorneys who handle them almost on a daily basis. My best suggestion to you is to have an attorney handle your hearing, especially since your BAC is so close to the legal limit. You may ruin a potentially good argument with your inexperience.

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I just received my 2nd dui, what can I do now to try and stay out of jail? Can i speak to the DA eventually?

If there is any "good news" to be taken from this, you are "lucky" your second occurred in LA. It's not uncommon for people in your situation to get the min 96 hrs in jail. I practice in Orange County; someone in your shoes here is looking at 90 days. Get yourself a good attorney. This is not a do-it-yourself project.

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When a person is charged with PC 187(A/664AF and PC 273.5F and PC 664/187F, what does it mean?

It means the person is facing some very serious charges; it also means he should get an attorney, fast. PC 187/664 is charged for attempted murder; PC 273.5 is charged in spousal battery cases. There's no way of telling how long a trial would last. As far as the sentence, an attempted murder can get you a life sentence if it is shown that the attempted murder was wilfull, deliberate, and premediated. Otherwise, the defendant is looking at 5, 7, or nine years for the attempt alone.

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Hi i got a ticket that said infraction because i was driving without insurance i have court next week, i cant find my insurance

If you had insurance at the time but simply weren't carrying proof, your case will likely be dismissed. If you got your ticket in San Clemente you'll be assigned to dept H8 with Judge London in Harbor Court. I've seen him dismiss these tickets with a $25 fine as long as you provide proof of insurance at the time of the hearing (and in some cases even if you didn't have insurance but have it now...he's a pretty generous judge).

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I got a Dui conviction, suspended license and probation for 3yrs. got caught driving twice..what happens? Can i avoid jail?

When you say you got "caught again", do you mean you were arrested for another DUI? If so you probably had to post bail to get out and you're definitely looking at jail time. I agree with my colleague above: the best way to explore options that'll keep you out of jail or at least minimize jail time is through an attorney. In orange county, a second DUI offense while on DUI probation will cost you about 60-90 days in jail.

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Why would my husbands case keep going to pretrial disposition and reset? What is pretrial dispo and reset? Laymens terms please.

Pretrial disposition and reset is a term they use here in Orange County (typically in North Court) to describe a "pre trial" conference. A pretrial conference gives the attorneys an opportunity to discuss resolution short of trial, as well as pursue other issues with the case. There are an infinite amount of reasons why your husband may be having so many hearings. I assume your husband is represented. Ask your attorney; he is in the best position to explain the nature and timeline of the case.

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I recieved a wet reckless 25 months ago in san bernadino county do i have to tell an employer that i had a dui?

Technically, a wet reckless is not a DUI (emphasis on "technically"). However, for all practical intents and purposes, a wet reckless functions as a DUI. See Mr. Marshall's answer above. If your employment application asks specifically, "have you been convicted of a DUI," I am of the opinion that you could answer that question "no" without being dishonest. However, if the question asks you whether you've been convicted of a misdemeanor, your answer must be "yes." If you're applying...

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Do we need a lawyer? If so are there lawyers that work on a sliding scale for family cases like this currently unemployed.

You definitely need a lawyer. Look for someone who practices family law. I can tell you from experience in representing people accused of domestic violence that my client's always tell me a story that's much different from the one the victim told the police. There's always a lot of finger pointing and blame to go around. You'll want to make sure you do everything in your power to protect your daughter's interest. Good luck.

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Arrest Warrant for driving with suspended license 14601.1 (a)vc

A 14601.1 is not just a "ticket", it's a misdemeanor offense and that's why he's got a warrant out for his arrest. If he gets convicted of this offense and gets caught again while driving on a suspended license, he'll be facing a mandatory minimum of 10 days in jail. Your fiance has three options: (1) do nothing and just wait to get caught (not recommended!); (2) hire an attorney - the attorney can appear for him, get the warrant recalled, and straighten everything out; or (3) if hiring...

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Charged with 23152 a and b. Are public defenders just as good to represent us?. What are the odds of jail time?

Public defenders, like private attorneys, can be good or bad, depending on who you get. Some of the most brilliant defense attorneys I've met are either public defenders or private attorneys who spent a considerable time as public defenders. There is nothing about being a public defender that makes you better or worse as an attorney. The difference, however, is that a private attorney can give you, your family, and your case the type of personalized attention that people often look for....

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