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Richard Orville Middlebrook's Answers
Contributor Level 9
- 45 Legal Answers
- 3 Legal Guides
3
Attorney answers:
DUI- CA Can I file a motion for early termination of probation and petition for an expungement without a lawyer?
The short answer is yes. The longer answer follows. In Kern County, DUI Probations vary in length of time depending on where you are convicted. I notice you are in Tehachapi and if your offense was there, you would have been sent to the Mojave court which generally does a five year probation. If the case was in central Bakersfield with the exact same facts, your probation would have been three years. Assuming you are in Mojave, you will have to file two motions. First, a motion...
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3
Attorney answers:
What does California do if you have no job or money to pay DUI fines, etc.?
If you don't have the funds to pay DUI fines, request the court to allow you to do the work release program in lieu of the fines. Since you aren't working, you can complete the work release program quickly. However, the licensing issues will be different. You cannot receive your license back until you at least enroll in the class. Most classes except payment plans. However, if you fail to pay them, you are likely to be suspended from the class and the DMV notified. They will take away...
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3
Attorney answers:
If I'm on Prop 36 & completed all requirements, will I still get drug tested when I go to court to end my probation? (LA county)
There is ALWAYS a potential for drug testing under Prop 36. It's unlikely, however, that you will be tested while in court. Regardless, not a bad idea to be safe rather than sorry. Why risk prison if it's just weed? Good luck.
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1
Attorney answers:
Will two DUI convictions prevent me from enlisting in the army
Driving under the influence of alcohol will not, per se, stop your enlistment in the military. However, probationary status can. Not surprisingly, the military does not like accepting enlistments from those individuals who are currently required to answer to another authority. The courts will often times consider the reduction or elimination of probation for those persons establishing a solid enlistment with the armed forces and the backing of a professional recruiter. Best of luck.
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4
Attorney answers:
First DUI arrest BAC level of .11
Absolutely possible. The science behind DUI cases is dubious at best. Despite campaigns by the National Highway Traffic Safety Administration and MADD like "Over the Limit; Under Arrest" and "Drink, Drive, Go to Jail", the numeric estimations of breath testing can vary 2 to 3 times higher than your blood alcohol level while in the absorptive phase. Meaning, if you were absorptive, your blood alcohol could be well under the legal limit of .08%. Additionally, things like breath...
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3
Attorney answers:
Dui Case going on for 6 months with no filing?
DUI, like other Misdemeanor charges, may be filed for up to one year following the discovery of the commission of the crime. Most charges are filed within days, but certainly within a month. This may be a great situation to allow a "dead dog to lie." Don't wake a sleeping giant. And I am sure a number of other whimsical sayings. Extremely winnable even if they do file, based on your scenario. Make sure you continue to check on the status of the filing with the CLERK not with the District...
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3
Attorney answers:
DUI
When you go in, just inform the court of the same events you did here. Once done, the warrant will be dropped, arraigment will take place, and you can enter your plea.
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7
Attorney answers:
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CA DUI law, would receiving a traffic infraction violate my DUI probation
It is unlikely that a minor traffic violation, usually an infraction, would have any effect on probation.
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2
Attorney answers:
I am a realtor in CA and just got a 2nd DUI. Do I need to tell the DRE or my broker?
I am in complete agreement with Mr. Aguilar. While licensing rarely takes actions against your real estate license because of the DUI, they WILL take action if you "fail" to disclose the information of your conviction. I also agree you should consult an attorney about your case. If you haven't been convicted yet, you may be able to ward off ANY implications. Contact John Coniglio in your area. Great lawyer who focuses much of his practice on DUI defense.
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2
Attorney answers:
How do i get my suspended licence back when i lost it 2 years ago to a dui narcotics and lost job and was unable to due classes
Your only option is to take the classes. The good news is that once you enroll, you can begin your restricted period. Shouldn't be hard. However, if you fail to continue in the classes, they will re-revoke your license.
1 person marked this answer as helpful