Donald Guy Sowers's Answers

Donald Guy Sowers
Irvine Criminal Defense Attorney.
Contributor Level 8

4

Attorney answers:

  1. Donald Guy Sowers
  2. Manny Daskal
  3. Peter Francis Iocona
  4. Edward Jerome Blum

I just got a letter from the dmv that says "the stay of the suspension against your driving privilege has ended"

Asked by a user in Los Angeles, CA - over 2 years ago.

A "Set Aside" means that the California DMV found that one of the three iisues in the DMV Administrative Per Se "APS" hearing were not met by their evidence. Usually, it is the blood alcohol level is below 0.08% or there may have been some error with the officer's report or police procedures. With a "Set Aside" letter, had this been your first offense, you would have been able to go down to any DMV location and they would immediately reiisue a California Driver License. However, if you are...

1 lawyer agreed with this answer

3

Attorney answers:

  1. Brian C Andritch
  2. Donald Guy Sowers
  3. Amy Treanor Morell

Does a DUI expungement in California relieve me from disclosing the DUI record when entering Canada?

Asked by a user in San Francisco, CA - over 2 years ago.

While you refer to an "expungement" in your question, you do not indicate if you have taken the steps necessary to actulaly obatain an expungement. If you have fulfilled all the requirements of your sentence or probation, talk to an expungement lawyer about clearing your misdemeanor public record. For misdemeanors and some felonies, you can ask for an expungement as early as one year after the date of sentence or completion of probation. But this is rarely granted. Usually, you must...

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2

Attorney answers:

  1. Donald Guy Sowers
  2. Alan James Brinkmeier

Will a traffic ticket in California be dismissed if officer failed to indicate time of day to appear in court?

Asked by a user in San Diego, CA - over 2 years ago.

Minor errors on traffic citations in California do not usually result in the case being dismissed. And the time to appear on your first court date is normally anytime on or before that day. You may even be able to postpone your citation by going to the court's website and requesting an extension. As a former police detective and former deputy district attorney, I can share with you that it is best to set your case for trial. You should consider hiring a lawyer who handles traffic tickets...

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1

Attorney answers:

  1. Donald Guy Sowers

Is there such a thing as "contesting a speeding ticket under county ordinance"?

Asked by a user in Livermore, CA - over 2 years ago.

As a former police officer, I think what the officer was suggesting is that you go to court and request that the prosecutor "Amend" the charges to allege a vioation of a county ordinance instead of a California Vehicle Code violation. Usually, this has the advantage of no "points" being reflected on your California DMV record. However, it is unlikely that the prosecutor is simpy going to do this "out of the kindness of his/her heart." You should speak to a California speeding ticket lawyer...

1 lawyer agreed with this answer

2

Attorney answers:

  1. Joseph Briscoe Dane
  2. Donald Guy Sowers

If I was caught shoplifting and the store did not call the police, will this go on my record?

Asked by a user in Irvine, CA - about 2 years ago.

I agree with Mr. Dane. But I would add that the store will likely enter your name in their database. And they may have had you sign an agreement to never enter thier stores again. And in the unlikely event that you are stopped on their property or suspected of shoplifting in the future, they will probably arrest and prosecute you at that point. You should also know that under the "Statute of Limitations" misdemeanor charges can still be filed for up to one year in a petty theft "...

1 person marked this answer as helpful

2

Attorney answers:

  1. Stacey M Wolcott
  2. Donald Guy Sowers

CA traffic violation 23103a misdemeanor

Asked by a user in San Bernardino, CA - over 2 years ago.

Speed alone should not be the basis for a charge of "Reckless Driving." Otherwise, half of the people on the way to Las Vegas would be getting arrested instead of simply receiving a traffic citation. You say your vehicle is "governed not to go above 105 mph." Very few vehicles have a "governor" on them. Did you mean to say that your speedometer does not go above 105? As a former police officer and former deputy district attorney in southern California, I can share with you that it is...

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1

Attorney answers:

  1. Donald Guy Sowers

How can I drop the charges against a domestic abuse report..

Asked by a user in La Puente, CA - over 2 years ago.

I see that you posted this a few weeks ago, so you may have already resolved this question. However, as a former deputy district attorney, I have seen many cases where the "victim" of a domestic violence case later changes their mind and decides to ask for the charges to be dropped. Under California law, it is the prosecutor who decides whether charges will be dropped. And frankly, the prosecutor's concern will be that your motivation for wanting the domestic abuse charges dropped is not...

1 person marked this answer as helpful

3

Attorney answers:

  1. George Fredrick Mueller
  2. Donald Guy Sowers
  3. Kenneth Marlon Hallum

I was charged with a DUI, the dmv suspended my license, and then the court dropped the charge. Do I still need an SR-22?

Asked by a user in Huntington Beach, CA - about 2 years ago.

Since you have not contacted DMV for over one year, I am wondering if you still reside in California. If you have moved out of state, then you will not need to file an SR-22 unless you plan to drive in California. Should that be the case, in order to lift the suspension the California DMV will need to correspond with an out of state address to confirm that you live out of state. You should contact a DMV attorney to assist you.

1

Attorney answers:

  1. Donald Guy Sowers

What happens if I don't complete my cal trans by my due date?

Asked by a user in Laguna Beach, CA - about 2 years ago.

Courts are usually lenient on those who fail to complete their Cal-Trans in a timely way...if...there are valid reasons for not completing it in a timely maner. Also, if you have already done most of the Cal-Trans as ofand the completion date was not long ago, then the court may simply grant you an extension to complete it. However, if you do not fall under one of these exceptions, it is likely that the judge will either increase the number of hours to perform or give you jail time. This...

3

Attorney answers:

  1. Vincent A. Gorski
  2. Donald Guy Sowers
  3. Alan James Brinkmeier

Speeding ticket n L.A. County?

Asked by a user in Lancaster, CA - over 2 years ago.

No, you do not NEED to appear before the judge. But why not fight the ticket. You may not even be guilty! You should consider postponing your traffic citation appearance date by going to the court's website or go to the Courthouse traffic clerk window and request an extension. Set the case on another day in a month or so. Then you go in to see the judge and request that the case be set for trial. As a former police detective and former deputy district attorney in Los Angeles County, I...

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