Jeremy C Brehmer’s Answers

Jeremy C Brehmer

Bakersfield DUI / DWI Attorney.

Contributor Level 5
  1. Can I still get a DMV hearing if I didn't request one within 10 days of DUI date?

    Answered over 3 years ago.

    1. Robert Louis Miller
    2. Jeremy C Brehmer
    3. Chad Raymond Maddox
    4. Geoff Alan Dulebohn
    4 lawyer answers

    This is a very common question which as with most legal questions can be answered with a rule and exceptions to that rule. In this case you must request the Administrative Per Se Hearing within 10 days after being served with the DS-367 (Notice of Suspension/Temporary Driver's License). In calculating the 10th day, the first day is excluded pursuant to Civil Code section 10. If the last day to request the hearing lands on a holiday, or weekend, the requests may be timely made the...

    1 lawyer agreed with this answer

  2. How can I obtain all evidence from a DUI arrest?

    Answered over 3 years ago.

    1. Robert Lee Marshall
    2. Robert Louis Miller
    3. Jeremy C Brehmer
    3 lawyer answers

    California Penal Code section 1054 governs discovery in criminal cases where the documents sought are to be produced by the proseuction. This is not the exclusive method for obtaining documents which may help your defense. Other avenues include Freedom of Information Act Requests from public entities, Adminsitrative and third party subpoenas for records, and informal requests from 3rd parties who may have the evidence you seek. It should be noted that the US Supreme Court has ruled in Brady...

    1 person marked this answer as helpful

  3. I got a DUI charge I blew a 0.8.2, I was in front of my house in my Car my Car was in front of my house on the street park.

    Answered over 3 years ago.

    1. John M. Kaman
    2. John Winston Phillips
    3. Jeremy C Brehmer
    4. Kevin Francis Guyette
    4 lawyer answers

    You have a very good defense given the facts as presented. California, with certain exceptions i.e. auto accident, is a volitional movement state. This means that the element of driving can not proven by the prosecution absent movement of the vehicle. There are two California specific cases on point called Music and other Mercer which detail the above specifically. There are additional great defenses to present with the low level BAL of .082% which make prevailing at the both the...

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