Mindy H McQueen’s Answers

Mindy H McQueen

Ventura DUI / DWI Attorney.

Contributor Level 9
  1. Blew over in the field and under at the station. what happens now?

    Answered over 4 years ago.

    1. Jerod Gunsberg
    2. George Fredrick Mueller
    3. Mindy H McQueen
    3 lawyer answers

    That should be a win at the DMV hearing (you only have 10 days to request a DMV hearing, so make sure that gets done). You should get a great result in the court case, although retaining a skilled DUI defense attorney increases your chances of a good outcome. You do not state how far over the limit you blew in the field; that would have an impact, as would the issue of whether or not the field breath machine was properly calibrated and whether it even gave a fairly accurate result. I...

    1 lawyer agreed with this answer

  2. Can they take my license away if I fail to pay my sr22 insurance for my DUI?

    Answered over 4 years ago.

    1. Sheldon Irving Rosinsky
    2. Mindy H McQueen
    3. Robert Lee Marshall
    3 lawyer answers

    Yes-the DMV can and will suspend your license if you fail to post the SR22 for a 3 year period. However, the DMV should lift the suspension as soon as you get another SR22 in place, as long as there are no other problems with your license (ie you are in compliance with the alcohol school, have paid the reinstatement fee, and don't have other problems like a pending failure to appear in court).

    1 lawyer agreed with this answer

  3. How do I get my license back without penalty after having my DUI case dismissed?

    Answered over 4 years ago.

    1. Mindy H McQueen
    1 lawyer answer

    If the DA dismissed your case, you are entitled to request a DMV hearing (even if you've already had one). In order to obtain another DMV hearing, the DA must fill out a 702 form, which must then be sent to Sacramento. A dismissal at court does not result in an automatic win at the DMV; only an acquittal (you were found not guilty of VC Section 23152(b)) results in a win at the DMV. It is unclear whether or not this is a first DUI, or if you have had prior alcohol-related matters with the...

    1 lawyer agreed with this answer

  4. 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.

  5. Where a person's private insurer has paid medical bills for personal injury, must Medicare be a party on the settlement check?

    Answered over 4 years ago.

    1. Sam Louis Levine
    2. Joseph A Blaszkow
    3. Mindy H McQueen
    4. Peter Robert Stone
    5. Theodore John Koban
    5 lawyer answers

    From the information you have given, Medicare should not have been added as a payee on the settlement check. Because of recent revisions to the applicable law, which provide for severe penalties against parties (including insurers) who do not protect Medicare's reimbursement rights, some casualty carriers have started putting Medicare on all settlement checks issued to elderly claimants, apparently figuring that the insurer has nothing to lose and is protecting itself from potential liability...

    1 lawyer agreed with this answer

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