Mindy H McQueen’s Answers

Mindy H McQueen

Ventura DUI / DWI Attorney.

Contributor Level 9
  1. I live in California and received a second DUI over 15 years ago. I enrolled in the necessary program, but never completed it.

    Answered about 3 years ago.

    1. Mindy H McQueen
    2. Manny Daskal
    3. David Jon Pullman
    4. Robert Laurens Driessen
    4 lawyer answers

    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....

    1 lawyer agreed with this answer

  2. 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

    Answered over 3 years ago.

    1. Mindy H McQueen
    2. Robert Laurens Driessen
    3. Andrew Stephen Roberts
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

  3. 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?

    Answered over 3 years ago.

    1. Philip Daniel Hache
    2. Mindy H McQueen
    3. Robert Louis Miller
    4. Robert Laurens Driessen
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

  4. Got my first dui last night

    Answered about 4 years ago.

    1. Hussein Ali Chahine
    2. Mindy H McQueen
    3. John M. Kaman
    4. Robert Laurens Driessen
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

  5. Can you still be cited for a wet reckless or dui if you were not arrested after being in a car accident that night?

    Answered about 4 years ago.

    1. Kenneth Marlon Hallum
    2. George Fredrick Mueller
    3. Mindy H McQueen
    4. Edward Ray Flores
    4 lawyer answers

    That's hard to say-yes you can still be cited later, even if you weren't arrested. Although the question of whether or not you would be charged with an infraction or a DUI is hard to say based on the limited facts you presented. If you are over the age of 21 and hold a Class C license (vs a commercial license), it does not seem likely that you would be charged with a DUI on the facts you have given. However, you would be best-served to retain an attorney who specializes in DUI defense to...

    1 lawyer agreed with this answer

  6. Is the California DMV law regarding 2nd time DUI convictions specific to CA, or is it 2 convictions anywhere in the US?

    Answered about 4 years ago.

    1. Mindy H McQueen
    2. Michael Phillip Thorman
    3. Robert Lee Marshall
    3 lawyer answers

    You would need to hire an attorney to review the DUI statutes in Colorado, to see if they are similiar to California's DUI statutes. Often times we can file a Writ of Mandamus in Court (in California), and successfully challenge the DMV's decision to label you a 2nd offender.

    1 lawyer agreed with this answer

  7. DUI offenses...

    Answered about 4 years ago.

    1. Mindy H McQueen
    2. George Fredrick Mueller
    3. Robert Lee Marshall
    3 lawyer answers

    California will likely take the position that she has 2 priors (if she applies for a CA license within 10 years of the South Carolina conviction); 1 prior if she applies more that 10 years after the South Carolina conviction. The California DMV will blindly insist that any out of state priors count as a prior in CALIF, but a challenge in court can get the finding of "priors" reversed. In terms of penalties in both states, you would need to check with avvo lawyers who practice in South...

    1 lawyer agreed with this answer

  8. Immigration, DUI unsupervised probation.

    Answered about 4 years ago.

    1. Mindy H McQueen
    1 lawyer answer

    I do not believe that would present any problems for you, but you might want to check with an immigration attorney to be completely certain. Also, it is not clear how long ago you were convicted of the DUI--you may want to consider trying to terminate probation early and expunging the conviction, to see if that will help you with USCIS (again, an experienced immigration attorney could tell you whether or not that would help in your bid to get citizenship). -Mindy McQueen

    1 lawyer agreed with this answer

  9. When on probation for a 1st DUI, if busted for driving with between .01-.07, is it a probation violation or a second DUI?

    Answered about 4 years ago.

    1. George Fredrick Mueller
    2. Mindy H McQueen
    3. Robert Lee Marshall
    3 lawyer answers

    The DMV will likely go after you for a violation of probation and driving with 0.01 or more BAC. These can still be defensible, so it is important to request a DMV hearing within 10 days of the arrest/detention. No to the 2nd question. -Mindy McQueen

    1 lawyer agreed with this answer

  10. Wet Reckless at DMV?

    Answered about 4 years ago.

    1. Mindy H McQueen
    2. Derek Richard Ewin
    3. Robert Lee Marshall
    3 lawyer answers

    Yes the DMV can still suspend your license, but .08 BAC cases can be very winnable at the DMV-it depends on the facts of the case. It would be best to hire an experienced DUI defense/DMV hearing attorney to help you with the DMV hearing. Please call my office if you want to maximize your cases to win the DMV hearing. -Mindy McQueen

    1 lawyer agreed with this answer

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