A California attorney can appear on your behalf under Penal Code Section 977, as long as your case is a misdemeanor. If it is a felony, you must appear in court also. If you or your lawyer fail to appear in court, the judge will issue a warrant for your arres. -Mindy McQueen
That should be a set-aside of the suspension, if you know what to argue. The DMV tries to subpoena the officers when they have failed to complete the paperwork-if you are representing yourself, the DMV should send you notice if they subpoena the officer. However, the DMV is really busy these days, still having to do the same amount of work each month, but with 3 fewer days to do it (they are furloughed 3 Fridays of each month). Therefore, they seem to be making more mistakes these days.-you...
The DMV set aside the suspension because your BAC was under .08. If you can't afford an attorney, you may qualify for the Public Defender. Depending on the facts of the case, you should be able to get a speed exibition or an infraction. It is not likely that you will be able to negotiate the best deal on your own, so be sure and get help from the Public Defender if you can't afford a private attorney. -Mindy McQueen
Both the Hit and Run and the DUI convictions technically rule-out an expungement, but you can still get one if you can convince the judge that she/he should grant it "in the interests of justice." Hiring an attorney familiar with expungements will help ensure that the judge will grant the expungement. Also, I think that expungements are potentially much more valuable that one of these other attorneys has indicated. The fact is that if you want to travel to Canada (or a number of other...
Anywhere from 30 days (if you can get the "30/30" option approved--30 days in jail coupled with a 30-month alcohol school) up to 1 year in jail for the new DUI. Up to 1 year in jail on the probation violation (depends on how many, if any, prior probation violations you've had), plus fines and fees, interlock device, probation (5 years), etc. An attorney who specializes in DUI defense would likely be able to whittle down any jail time, and possibly get the 30/30 program for you (although not...
Under the facts as you describe them, I believe the case can be reduced to an infraction or dismissed altogether. But I also think that retaining an attorney familiar with how these cases can best be handled would maximize your chance of a reduction/dismissal.
I would need a lot more information about your case. My practice is based in Ventura County, and is limited to DUI and DMV hearings defense. You can visit my website at: www.venturacountyduilawyer.com.
To answer your question regarding your DMV hearing--the DMV is likely postponing the hearing because they do not have to blood test results from the lab yet. DMV hearings are very complicated and you would do well to retain an attorney who specializes in DUIs and DMV hearings. I handle both Los Angeles and Ventura Counties-you can see my website at lacountyduilawyer.com.
The only way you could change your age on a drivers license is if it was incorrect in the first place-not likely, since you generally have to show a birth certificate when you first obtain the license. If your age had been entered incorrectly initially (unlikely), and you now go in to change that, the DMV might open up a fraud inquiry.
My DUI defense/DMV hearing defense office is based in Ventura County. Ventura is tough, but not impossible. There are a number of possible defenses-please feel free to call me and we can discuss some of your options. You do need to be mindful of the 10 day period to request a DMV hearing-otherwise the DMV suspension will be automatically imposed. www.venturacountyduilawyer.com