Mindy H McQueen’s Answers

These Rx cases can be difficult for them to prosecute. Depends on a number of factors-you should definitely consult with a DUI defense attorney. I am including a link to my website. Please feel free to call me to discuss your case, Mindy McQueen. www.venturacountyduilawyer.com

Was it a conviction or an arrest (you question listed both)? If it was an arrest only, you may not have any issues, since most applications only ask if you've ever been convicted of any offenses. If you were convicted, on the other hand, it will probably show up and may cause you problems with the licensing board. If you were actually convicted, you should consider having the case dismissed in Michigan via expungement. The Board may view that more favorably--either way, you would be best...

I might be able to help her--the Florida DUI statute is broader than our DUI statute. In CA, at least under the current law, there must be actual driving (with some exceptions). The DUI statute in Florida, on the other hand, includes merely being in actual physical control of a vehicle. There may be a possibility of filing a Writ to contest CA's action, but there is also a neat trick that the FL lawyer can possibly do to make the CA problem(s) go away. Normally cops are not supposed...

If the biker was injured, and they probably were in a bike vs car situation, the DA will file a felony DUI case against you. My practice is limited to DUI defense and DMV hearings, and my practice is based in Ventura County. Please check out my web site and call me. -Mindy McQueen

Although the CA DMV has taken the postion that the CO DUI was a prior, that may not be a defensible position. Filing a Writ of Mandamus to challenge the DMV's position can result in the judge finding that the prior doesn't count as a prior--but an attorney would need to review the elements of a DUI in Colorado, and compare those to the elements of a California DUI. I suggest that you check with an attorney experienced in this area of law-because it the DMV continues to insist that this is...

You may lose your license if you have a commercial drivers license; you should not if you have a regular, Class C license, unless you are convicted of a DUI in court. If you are convicted of a DUI in court, your license will be suspended, but you would immediately be eligible to apply for a restricted license if you met certain requirements (SR22 is posted with the DMV, you enroll in the alcohol classes, and you pay a reinstatement fee to the DMV). If you are convicted of a lesser offense (...

You should call the DMV mandatory unit in Sacramento @ (916) 657-6525. Be sure that you call them from a Non-California area code. Tell they you have moved out of California, and do not intend to return (if that is the case), and ask them to send you a form expempting you from having to do the alcohol school. The California DMV does not recognize any out-of-state alcohol schools, so you need to get the waiver. If they approve the waiver, they will put a 2-year "hold" on your California license,

Congratulations on tackling an alcohol problem. Unfortunately, the DMV will not substitute an 18-month in-patient treatment program for the 18-month alcohol school, unless that program was licensed pursuant to Section 11836 of the Health and Safety Code Section . You should check with the in-patient program, and find out if they are licensed under Section 11836-if they are, that would satisfy the DMV 18-month requirement; if they are not, the DMV will still require you to complete an 18-month...

Possible yes. My practice is based in Ventura County, and I can tell you that in the past house arrest was not an option on a 3rd. It still may not be, but there is more of a chance for it now with the "Realignment"--a whole new sentencing scheme where they are going to send a lot more people to county jails, who would normally have been sent to State Prison. It may be that the county jails get so crowded that they have to explore other options. BTW--the DA will be after a sentence of 130...

It sounds to me like the DMV took action against your license, even though a criminal case was never filed against you. If a criminal case was never filed, there were likely problems with the case, but the DMV normally doesn't concern itself with such details (unless you request a hearing). The benefit of having retained an attorney then was to have hopefully have won your DMV hearing--that would have given you full driving privilieges without having to jump through hoops now 15 years later....