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Mindy H McQueen
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Mindy McQueen’s Answers

35 total

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

    I was involved in a car accident in which I struck an indivual after his tire blew out and crossed my path. I passed both the field sobriety test and breathalizer with a .06. The officer did not cite me or arrest me that evening. No one was seri...

    Mindy’s Answer

    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 maximize your chances of getting a good result.

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  • Can i do inpatient treatment center instead of dmv court ordered dui classes?

    i got my 2nd dui in 1994.my first i was a minor so the court said i was only convicted of 1 dui and sent me to first offenders class i completed it but the dmv refused to honor saying i infact have 2 dui's and in california i have to take 18 month...

    Mindy’s Answer

    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 program. In addition to checking with the in-patient program, and you could also call the DMV Mandatory Unit in Sacramento at (916) 657-6525. Good luck.

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

    I was convicted of a DUI in California back in Jun of 09. I also have a DUI conviction in Colorado back in Oct of 1999, and the DMV is giving me the 2nd time penalties. I completed all the sentence penalties for my conviction in CO, well before I ...

    Mindy’s Answer

    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.

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  • I got a DUI in Jun of 09. The court sentenced me to the first time conviction penalties, however the DMV is giving me the 2nd.

    This second DUI conviction status with the DMV is due to a DUI I had in Colorado back in OCT of 1999, but I completed all of the sentence requirements for CO. Is the California law specific to 2 conviction in CA, or 2 convictions withink ten years...

    Mindy’s Answer

    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 your 2nd DUI, they will suspend you for a year, require an 18-month alcohol school and the installation of an interlock device. Contrast that with the penalties if the DMV views this one as a first offense-a 3-month alcohol school, and loss of driving privileges for a maximum of 30 days. -Mindy McQueen

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  • DUI offenses...

    My friend received an alcohol related DUI almost 10 years ago in the state of South Carolina. Recently while she was living in Washington state and licensed there she got a DUI when a blood test revealed high levels of prescription drugs in her s...

    Mindy’s Answer

    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 Carolina and Washington. -Mindy McQueen

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  • Immigration, DUI unsupervised probation.

    I've been a legal permanent resident for 10 years from a U.S. citizen parent, with a 1st time DUI conviction. I am still on unsupervised probation and was thinking of traveling outside of the country, I've read mixed answers and I am confused. I a...

    Mindy’s 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

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

    I'm on probation for a first offense DUI, if I am caught with a BAC of between .01 and .07 will I be charged with a probation violation of my first DUI, or will I be charged with a second DUI? Also, I have heard that even if I'm not driving, if th...

    Mindy’s Answer

    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

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  • I was supposed to do an 18 month class in california for dui, but i moved to texas.

    I really cant afford a lawyer. Are there other options that would satisfy californa DMV say perhaps doing a class here in Texas? What are my first steps to get this ball rolling? I'm so confused and lost on the subject.

    Mindy’s Answer

    • Selected as best answer

    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,

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  • My bac level was .23? help

    Was invovled in a dui accident hit and run no other people were hurt but myself. Had full coverage on my vehicle. and found out that my bac level was .23 what penalities can i be facing?

    Mindy’s Answer

    The judge could be a bit cranky about those facts-best to retain an experienced DUI defense attorney in your area who can help you with your case.

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  • Wet Reckless at DMV?

    Date of incident Dec.2009. I got a Wet Reckless in court (Feb.2010). BAC was .08. I haven't had the DMV hearing yet. Will DMV suspend my license? Will they make me install a breathalyzer in my car? I'm a first time offender, perfect driving rec...

    Mindy’s Answer

    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

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