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Mindy H McQueen
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Mindy McQueen’s Answers

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  • I was pulled over for DUI in Ventura. My breathalizer was 0.0. They took blood for drugs. I have a prescription for Lorazepam.

    I did not admit to the prescription or the fact that i had taken Lorazapam 12 hours earlier in the morning. I was driving mostly under the influence of a lot of coffee and great exhaustion. They took my blood and my court date is for Jan. 14, 2013...

    Mindy’s Answer

    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

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  • Do misdemeanors or arrests like DUI/OUI report to other states ? If not, can I leave off the application?

    Specific example: Would a DUI/OUI conviction or arrest in Michigan show up in Nevada on a background check for employment or on a background check by the respective Board to obtain a license to work as a Licensed Therapist?

    Mindy’s Answer

    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 served to check with an attorney with a specality in licensing matters in Nevada.

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  • What is the effect in California DMV of an out-of-state administrative license suspension but no court-ordered action?

    My client is a California resident & driver with a California license. She was arrested for DUI in Florida and they took her California license. The Florida DMV administratively suspended her license, but there has been no court action yet -- we s...

    Mindy’s Answer

    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 to seize a license from an out of state driver, but sometimes they do. I would need more information, but you are welcome to call my office tomorrow afternoon and we can talk about this. -Mindy McQueen (805) 482-1961

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  • What is the penalty in Ventura, Ca for a 2nd DUI with injury to a pedestrian?

    The first DUi was 4 year ago, the second just occured. Injury to a bike rider was caused.

    Mindy’s Answer

    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

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  • Is it possible to get house arrest on a 3 rd duo in Ventura county?

    I was just arrested for my 3rd duo my bac was .22 I was not pulled over by an officer in was involved in a very minor single car accident in a vons parking lot I backed into a curb at about 10 MPH went into the store to use the phone to call my gi...

    Mindy’s Answer

    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 days to 180 days based on a 3rd DUI with a high BAC, plus an accident (although very minor) --you had best seek good legal help here in Ventura County.
    -MIndy McQueen

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  • I live in California and received a second DUI over 15 years ago. I enrolled in the necessary program, but never completed it.

    How can I now get my license back? The courts have no record of my case. I think I need to enroll in the 18 month program. Can I get a restricted license in the mean time and if so how?

    Mindy’s Answer

    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. Unfortunately, if the DMV did take action against your license 15 years ago, the DMV will likely now require that you complete the 18-month alcohol school and meet some other requirements as well. You should check with the Mandatory Unit to be sure (916) 657-6525, but I suspect you will be told that your license will remain suspended until you complete the 18-month alcohol classes.

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  • I got my 2nd dui in ventura county and was on probation from my 1st dui in l.a county, will a ventura judge charge me with a vop

    Will my sentence be a violation of prabation and/or will l.a county find out about my arrest?

    Mindy’s Answer

    No, the judge in Ventura County can not, and will not go after you for the Violation of Probation (because you were not on probation for the first one in Ventura, you were on probation for the first one in LA County). However, it is possible that LA may file a Violation of Probation against you on your first DUI case.

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  • I got my 2nd dui in ventura county and was on probation from my 1st dui in l.a county, will a ventura judge charge me with a vop

    Will my sentence be a violation of prabation and/or will l.a county find out about my arrest?

    Mindy’s Answer

    No, the judge in Ventura County can not, and will not go after you for the Violation of Probation (because you were not on probation for the first one in Ventura, you were on probation for the first one in LA County). However, it is possible that LA may file a Violation of Probation against you on your first DUI case.

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  • Can a secone dui throught the dmv be charged a my first in the courts if the first dui case wasn't picked up by the courts?

    First dui was a refusal and no arrest was made leading 2 a conviction by the courts. Dui is on my dmv but not through the courts system is my second gonna be tried as my first in the court? I know dmv is seperate and will look at it as my second.

    Mindy’s Answer

    Yes, if the first case was never filed by the DA within a year after the arrest, this new case will be filed by the DA as a first offense. Unfortunately, it will be viewed as a 2nd by the DMV. You don't mention your age, but on a 2nd APS action, the DMV would take your license for 1 year. However, under a new law, if things are timed properly, you would be able to limit that to a 3-month suspension, or if the DMV hearing can be won, there would not be any suspension imposed. Because you are betwix and between the court and the DMV with the courts viewing this as a first, and the DMV viewing it as a 2nd, you would be well-served to hire an attorney to help you. My practice is based in Ventura County, and is limited to DUI defense and DMV hearings-you can check out my website at: www.venturacountyduilawyer.com. My telephone number is on the site--please call me if you have any further questions.

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  • Got my first dui last night

    I was arrested and released within 4 hours without bail.Would like to know the next steps.i have a court date of july 12th .would like to know the next steps

    Mindy’s Answer

    The first thing that must be done is to contact the DMV and request a hearing to contest the suspension. Assuming that you are going to hire an attorney, it is better to let the attorney contact the DMV. Ventura County is a very tough, but victories can still be had. If you are goint to hire an attorney, make sure that you hire an attorney who specializes in DUIs in Ventura County, because Ventura is unlike any other county in California. You can get a lot more information about Ventura County DUIs by going to my website. -Mindy McQueen

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