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Jarrod Matthew Wilfert

Jarrod Wilfert’s Answers

18 total


  • Okay....So today I got a ticket for riding a bike without a helmet and I gave fake info to a motorcycle police?

    But he bought it and actually gave me the ticket with the fake name but it has the real address what's going to happen ?Im 17 and I don't know what to do now ?Am I in trouble?what about when I get the ticket in the mail what should I do then ?Ig...

    Jarrod’s Answer

    What a tangled web you've weaved... You've created a very difficult situation for yourself. When you receive the ticket in the mail, contact an experienced criminal defense attorney in the area who can sit down with you and help you plan out the best way to deal with this.

    Do not post anything else on a public forum. Your communications with your attorney are private and will help you.

    Good luck with this.

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  • Can Gerd affect a breathalzer test, do you know if any dui cases been won by proving the client has gerd?

    I just got a dui last week and have gerd and thought the reading of .15 was much higher than it should of been.

    Jarrod’s Answer

    The short answer to your question is Yes. Gerd can affect a breath test.

    That said, like many things in reality, there is a lot more to this issue. First off, officers do not usually request only one breath test and in fact doing so deviates from traditional police protocol for a number of reasons. Most importantly, Title 17 (law governing chemical test) requires that an individual submit (2) breath test atleast two minutes apart with a deviation no greater then .02. In an individual with acid reflux who is currently experiencing an episode, we could expect to see highly elevated (and not necessarilly closely correlated BAC samples). An example of this might be shown as a first breath test of a .25 %BAC followed by one a couple of minutes later of a .10%BAC once the mouth acohol disapates.

    There are times when facts present themselves where a Gerd defense may be successful but these are rare circumstances that require an experienced DUI attorney. If you feel that your acid reflux may have played a role in the higher then expected BAC, sit down with a competent DUI attorney and have him give his thoughts on your particular situation.

    Good luck with this!

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  • I'm being charged for theft, 484 pc. I've never been arrested and have a clean record. What do i do?

    Electronics store security detained me, police showed up. gave me a blue paper and a citation.

    Jarrod’s Answer

    Alright, you are dealing with a very real issue but not likely a Felony since you were cited and released from the scene.

    If the amount was less then $50.00, this matter may never reach the court or may be infracted quickly when at court (meaning the misdemeanor shoplifting may be dropped if you pay a fine). If the amount allegedly stolen was between $50 and $950.00 the Ventura County District Attorney's Office will review the reports and possibly file charges on you. At this point, you need to get an attorney. You may be able to help yourself by having your attorney deal with both the DA office as well as the store alleging the theft prior to this matter ever going to court.

    Good Luck with this.

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  • Can I get a past due parking citation reduced due to I can't afford to pay it

    Got a parking citation and its 90$ can't afford to pay it or register my car

    Jarrod’s Answer

    While it is true that there needs to be equal protection under the law (equal application of the law), the citing department (whether the police department or another city agency) has the ability to not prosecute these cites if they are convinced that not doing so would be in the interest of justice. In short, just contact them and ask nicely while explaining the hardship and see what happens.

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  • Harrassment from the police

    Hi I have got pulled over three times within the last two weeks from the oxnard PD. As soon as I ask them "what did I get pulled over for" they reply with that I am a gang member and that they need to search my car. Last night I got pulled over an...

    Jarrod’s Answer

    Let me start by explaining that in order to search your vehicle, police need to have your permission, or probable cause that a crime occured and that the evidence would be in your car, or a search warrant, or an individual inside your vehicle that is on probation. If you are on probation and the officer knows this, he may search your vehicle. There are many other exceptions to your right to be free from unreasonable searches however the bigger issue for you may be to simply recognize that if what you have said is true, you are "on the radar" meaning they believe that by stoping you and searching you they will find something they are looking for.

    In response, you should document these stops, including the names of the officers involved and any statements made. Oxnard Police Department records all interactions with the public. If you feel you are being harassed, you have a right to request that OPD command staff review these recordings for mistreatment.

    Whatever you do, this would be a good time to make sure that you do not break any laws or allow anyone in your vehicle that might be carrying anything illegal.

    Good luck with this.

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  • How to get vandalism charge dropped and avoid potential domestic charges?

    My girlfriend and I got into an argument over our child. She is a type 1 diabetic and was going to drive off with our child in an altered mental state due to blood sugar. I slashed one of her tires to avoid any potential auto accidents. She had me...

    Jarrod’s Answer

    First off- please realize this is a public forum and take care with what you are actually admitting to doing. With that said, domestic situations "evolve" more after the offense then any other type of crime and understandably so. If you have two months before this matter goes to court, your girlfriend may, if she chooses, contact the Ventura County District Attorney's office and request that the matter not proceed by fillin out a "request for a dismissal." This is not dispositive but will be considered by the DA's office in determining the need to go forward with the prosecution.

    With that said, you should consider contacting an attorney in the near future so that he/she may contact the DA directly and present evidence related to your claim that you were attempting to protect your child. Do not rely on the officers to have accurately documented that portion of the incident in their reports as it may be relevant to your case.

    Good luck with this!

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  • "When an underage driver is responsible for the death of a passenger in a collision with another vehicle, what are the penalties

    The fatality was a passenger in the other vehicle. It was a head-on collision with a 2006 Lexis. There were three people in the Lexis-the driver, a 26 yr. old female, a front passenger, a 31 yr. old male, and a backseat passenger, a 30 yr. old mal...

    Jarrod’s Answer

    Based on the limited facts presented in this question, this does not appear to be a DUI -related question. If you are curious to see how the investigative agency or prosecuting entity will handle this, I would view it more as a 192(c)(2) type situation meaning that it appears as though you are describing a scenario where a driver caused the death of another human being by violating a traffic code section.

    How this is handled depends on the situation but if there is no alcohol/ narcotic in the driver's blood stream, generally the prosecutor will realize this is a terrible situation for everyone involved and seek a plea to a violation of 192(c)(2), vehicular manslaughter- a misdemeanor and want anywhere from 30-90 days of custody time depending on how egregious the violation was.

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  • How long does Safeway have to file charges?

    I am now 21. Age 20 in October of 2012 I was caught shoplifting (1st offense) barely $50 worth of merchandise from a Safeway in California. The store security took down my address and made me sign a paper that told me I was going to receive a fine...

    Jarrod’s Answer

    You have several questions to address here. Let me start by clarifying that Safeway does not file criminal charges against you. Should Safeway desire to push for criminal charges (not likely in this case), this endeavor would likely begin by reporting the alleged theft to a policing agency for a report that would later be shipped to the prosecuting attorney for review and eventual filing.
    In reality, given the low dollar amount (petty nature of the offense) it would not be in Safeway's interest to expend the resources to push for a prosecution. It is also why a law enforcement agency would likely take a Field Card report rather than a detailed criminal investigation on this. From a District Attorney's perspective, your lack of criminal record, the petty nature of the crime and lack of moral imperative lead me to believe they would not likely get involved. So in short, there was a crime (petty theft) but there will not likely be any legal fallout in the form of criminal charges against you.
    As for when you can go back, these businsses have regular turn over and likely will not even recall this entire incident. It's not even likely that if they did recall that they would confront you or escort you out if you came in with legitimate business. While this was a traumatic experience for you, they likely have moved on with many others since.

    In short, it was a bad idea to take items without paying but in the greater scheme of things, this was relatively minor in comparison to many thefts that occur there. The store has likely move on at this point and it would likely be fair to suggest that you could do the same.

    Good luck with this.

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