Matthew Blake Wallin's Answers

I got a DUI in my driveway with NO keys

Believe it or not, the act of driving is never necessary. Even if NO DRIVING was witnessed by an arresting officer or private citizen — a licensee may be arrested and charged with a DUI. . Intent is irrelevant. A functional vehicle is not even necessary. The only requirement is that the occupant has some theoretical ability to operate the vehicle. This may include having a key in the ignition; the vehicle engine running; the vehicle in gear; sleeping in the vehicle; sitting in the backseat...

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Can you go to traffic school for a speeding ticket in AZ? We live in CA.

In order to find out if you are eligible for traffic school, you will need to contact the court in the county where you received your ticket. They will let you know whether you are able to take a traffic school course in CA or if you will have to take one in AZ. You should be able to find their contact information on the ticket.

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Procedures for expunging prior criminal record in CA

Where available to persons who have been arrested or convicted, expungement does not happen automatically, and is never guaranteed. A person seeking to have an arrest or criminal conviction expunged from their record must usually fill out an application or petition, and submit the paperwork to the proper criminal court for a judge's review and decision. In most jurisdictions, a fee must be paid in conjunction with the filing of the application. The expungement process can be complicated. For...

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What is the financial criteria for when a public defender can be assigned to the case?

Each court and county is different. Generally, if you are not able to hire a private attorney the judge will ask you if you intend to hire an attorney, or if you are requesting the Public Defender be appointed to represent you. The court will make an inquiry as to your financial resources,. Often you will be directed to complete a financial evaluation form - disclosing your income and assets. Based on your financial evaluation it will be determined whether a public defender will be appointed....

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I was pulled over today for no apparent reason. The officer told me that my music was too loud.

An officer cannot legally stop a driver unless he or she can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. Pursuant to the 4th Amendment of the U.S. Constitution, every citizen has a constitutional right against unreasonable searches and seizures. This means that the police cannot stop your car or order you to pull over unless they have a reasonable suspicion that you committed or were about to commit a crime. There are...

What is the penal code for a DUI with a BAC of .2 ?

Usually in a DUI case, you will be charged with two separate criminal offenses: Section 23152 (a) of the California Vehicle Code, driving under the influence; and, Section 23152 (b) of the California Vehicle Code, driving with a blood alcohol level of .08% or higher. Section 23152 (a) is driving under the influence. The offense is basically defined under California law as “driving a vehicle while you are under the influence of any alcoholic beverage and/or a drug.” The essence of the offense...

Is a plastic tube considered paraphanalia even though you can't smoke or snort or inject any type of drug with it?

It is unlawful to possess any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking specific controlled substances. Possession of drug paraphernalia is covered by Health and Safety Code Section 11364. NOTE: It is legal to possess paraphernalia until it is used or intent to use is shown. To show specific intent to use, there must be the presence of evidence of prior use (e.g., residue). Disclaimer: This answer is provided as a public service and as a...

How to go about getting a misdeamenor expunged from your record

If the court granted you probation, and you successfully completed that probation, then you will likely qualify to expunge the criminal case at the end of the period of probation. Successful completion of probation means that you (1) served the time on probation, (2) paid all your fines and restitution, (3) attended your court dates, (4) didn’t commit any new crimes, (5) and completed any conditions of probation that the court imposed (such as CALTRANS, community service or counseling)....

What is PC1192.7

Serious Felonies Within the Meaning of California Penal Code Section 1192.7.(c) (1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) lewd or lascivious...

What is the penalty for trespassing in California

Criminal trespass law is generally defined as an unwanted intrusion onto someone else’s property. In California, criminal trespass law is contained in the subdivisions of California Penal Code Section 602. There is a wide range of conduct that can result in a criminal trespassing charge, it is important to speak with an attorney about the specifics of your case to determine whether criminal trespass charges are imminent. If charged and convicted of misdemeanor California Penal Code section 602,...