Sam Luke Van Eerden’s Answers

Sam Luke Van Eerden

Bakersfield DUI / DWI Attorney.

Contributor Level 6
  1. Can I get out of a DUI with a BAC of .07 and if it my 1st offence and i'm under 21?

    Answered almost 2 years ago.

    1. Sam Luke Van Eerden
    2. Daniel C Grupenhagen
    3. Elliot Rahmim Zarabi
    4. Charles K. Kenyon Jr.
    5. Christopher Gerard Frey
    6. ···
    6 lawyer answers

    Based on these facts alone, it sounds like you may have some good factual arguments to aid in your defense - as to the DUI. Your attorney (either hired or appointed) should be able to give you a better idea of your chances, though, once (s)he analyzes all the relevant evidence. Obviously, since it appears you did have alcohol in your system, you're going to have a rougher time fighting an underage drinking charge.

    5 lawyers agreed with this answer

  2. I got in a car accident in December of 09 and that resulted in the police citing me with a DUI however I did not get arrested.

    Answered almost 2 years ago.

    1. James E Dunn
    2. Joseph Briscoe Dane
    3. Michael Rutledge Norton
    4. Sam Luke Van Eerden
    5. Robert Louis Miller
    6. ···
    6 lawyer answers

    Just so you are aware, if a warrant has been issued, there will also be a bail amount set. If, at the time of your surrender to the court, you - or, even better, an attorney speaking on your behalf - asks the court to vacate the warrant and release you on your own recognizance (without the need to post any bail), the court will almost certainly do so - unless you have a prior criminal history that makes the court believe you are a threat to society or a serious flight risk.

    3 lawyers agreed with this answer

  3. So I do need a lawyer?

    Answered almost 2 years ago.

    1. Joseph Briscoe Dane
    2. Sam Luke Van Eerden
    3. Kevin Samuel Sullivan
    3 lawyer answers

    The fact that you never made a statement, and that you have witnesses (your family) who can testify that you were not involved in the charged incident are significant factors that could be very instrumental in bringing about a positive resolution of your case. However, it would be in your best interests to have a lawyer represent you because he or she will be able to advocate your case directly to the assigned deputy district attorney and point out all of the helpful facts (like the ones you...

    3 lawyers agreed with this answer

  4. How do I hire an Attorney when I dont have the money

    Answered almost 2 years ago.

    1. Robert V Cornish Jr.
    2. Mark Nickolas Longwell
    3. Sam Luke Van Eerden
    4. James Regan
    4 lawyer answers

    The 6th Amendment does provide you a guarantee to counsel - and if you cannot afford a lawyer, one must be appointed. However, due to significant budgetary cuts nationwide, many counties have lately been forced to tighten their fiscal belts and as a result are more closely scrutinizing claims that defendants are unable to afford their own attorney. You should take the advice of the previous attorney's answer and get quotes from several local attorneys. Additionally, you should be prepared...

    4 lawyers agreed with this answer

  5. I'm apply for a new position at work it requires no felonies on my record i have a six yr old felony how can I take of my record

    Answered over 1 year ago.

    1. Sam Luke Van Eerden
    2. Tarek Shawky
    3. John Anthony Tello
    3 lawyer answers

    This depends on the nature of the felony, but from the information you've provided, it looks like expunging this felony from your record (ie: getting it dismissed) should be a pretty simple process. If you'd like, give me a call about this - my number is 661-852-0713. I work in Bakersfield, so from the time you call me to the time we can get in court to resolve this should be a pretty quick affair, assuming you do qualify for the expungment and your case was in Kern County.

    2 lawyers agreed with this answer

  6. My friend was arrested for residential bugerley. She went to jail and was OR and given a court date.

    Answered over 1 year ago.

    1. Sam Luke Van Eerden
    2. George Gedulin
    3. Eric Darnell Anderson
    3 lawyer answers

    I don't see a clear question here, but just so you are aware, this is not an entirely unique situation. From time to time, the deputy district attorney in charge of filing a particular case will determine that he needs some clarification/additional information from the arresting/investigating law enforcement officers before he will file the criminal complaint. When that happens, he submits a request to the officer(s) for that additional work to be done and then waits to file the complaint...

    2 lawyers agreed with this answer

  7. How long after the posted speed limit changes do you have to adjust your driving speed?

    Answered almost 2 years ago.

    1. David Jon Pullman
    2. Sam Luke Van Eerden
    3. Patrick T. Donovan
    3 lawyer answers

    As stated by my colleagues, your vehicle needs to be at the posted speed limit once your vehicle is even with that sign. It is at that time that you are in that particular speed 'zone'. However, if you had just passed the sign posting a new, lower speed limit, the police officer may be agreeable to a plea bargain which would allow you to plead to a different infraction which does not count as a DMV point on your record and which may even be a lesser fine. Good luck fighting it!

    2 lawyers agreed with this answer

  8. I had my probation transfered from L.A. County to Orange County under the 1203.9 motion requested by L.A. County.

    Answered almost 2 years ago.

    1. Sam Luke Van Eerden
    2. Andrew Stephen Roberts
    3. Stephanie Michelle Arrache
    4. David Isaac Hammond
    4 lawyer answers

    If you want to contest that counseling is not necessary and there is good cause to remove that order, your best bet would be to hire an attorney to file a motion to modify the terms of your probation. This will give you an opportunity to get your case before a judge and have your attorney present the best argument for removing the counseling requirement. This argument will probably be based at least in part on the findings of the L.A. county probation department, so make sure your attorney is...

    2 lawyers agreed with this answer

  9. I got pulled over for speeding on the California highway.

    Answered almost 2 years ago.

    1. Andrew Stephen Roberts
    2. Sam Luke Van Eerden
    2 lawyer answers

    Believe it or not, the standard fine for the ticket is not necessarily the worst consequence of this infraction. 'Speeding' is a 'moving violation' which carries a point-assessment. Not only will your insurance likely go up if you plead guilty or no contest to the charged offense (or are convicted at trial), you will be subjected to the point-assessment. If you acccumulate 4 points in a single year, the DMV will seek to suspend your license. Although the facts that you have stated do not...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Will WalMart continue to come after me for shoplifting?

    Answered almost 2 years ago.

    1. Sam Luke Van Eerden
    2. Chris J Feasel
    3. Gayle Anne-Marie Gutekunst
    3 lawyer answers

    If they didnt initially detain you until law enforcement could arrive then it is unlikely they will continue to pursue criminal prosecution at this point, especially since the merchandise was returned. However, if they do involve law enforcement and a report is submitted to the district attorney, charges may be filed. Check the kern county court website at this address - http://www.co.kern.ca.us/courts/crim_index_case_info_cal.asp - to see if any charges are filed. (NOTE: Check the site...

    1 lawyer agreed with this answer