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Daniel Scott Moffatt
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Daniel Moffatt’s Answers

3 total

  • What are the chances that my lawyer can leverage this fact and be able to have the case reduced or dismissed??

    On May 18, 2014; I was pulled over for DUI in Orange County, CA. I blew .15 and .13 at the police station. I hired a lawyer who represented me at the DMV hearing. The lawyer won the DMV hearing and i was given a set aside order in October 2014. It...

    Daniel’s Answer

    You asked what are the chances that the lawyer can use the DMV hearing to get your case reduced or dismissed at court. Well, unfortunately one case is NOT dependent on the other. The facts are the same and your attorney can run a motion in court where he can use the statements that the officer used at the DMV hearing and try to get your case dismissed. However, the judge can independently rule on the facts of the case to determine if there was sufficient evidence to stop your vehicle.
    If your lawyer did well at the DMV hearing then he might be able to negotiate something before the hearing as well. Good Luck.

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  • Will I be put on probation?

    Okay so heres the deal. I am 17 years old, and I turn 18 in three weeks. I have to go to court this friday, and today is tuesday. Im going to court on a Misdemeanor charge for poession of alcohol (I had two beers). As well as an infraction ch...

    Daniel’s Answer

    Yes, it is possible that the judge could remand you into custody and have you drug tested. Your best bet is to hire an experienced attorney and be honest with him or her. The goal of juvenile court is reformation and not punishment. However, if your behavior continues when you are 18, then the path you are on is going to be a difficult one. Best of Luck.

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  • Visiting SD from Va..cited for driviing with no seat belt on 101 near Encinetas. Options??

    what are my options

    Daniel’s Answer

    Hello ,
    Without more information, you could just pay the fine by mail. However, you could hire an experienced defense attorney who specializes in this area who might be able to win your case for you. If there were any witnesses or other evidence to show that you were wearing your seatbelt at the time of the ticket, then that could be used at trial.

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