Richard Orville Middlebrook’s Answers

Richard Orville Middlebrook

Bakersfield DUI / DWI Attorney.

Contributor Level 9
  1. DUI- CA Can I file a motion for early termination of probation and petition for an expungement without a lawyer?

    Answered almost 5 years ago.

    1. Richard Orville Middlebrook
    2. Matthew Edward Williamson
    3. George Fredrick Mueller
    3 lawyer answers

    The short answer is yes. The longer answer follows. In Kern County, DUI Probations can vary in their 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...

    Selected as best answer

  2. What does California do if you have no job or money to pay DUI fines, etc.?

    Answered over 4 years ago.

    1. Richard Orville Middlebrook
    2. Christopher Paul Sohovich
    3. Robert Lee Marshall
    3 lawyer answers

    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...

    Selected as best answer

  3. 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)

    Answered almost 5 years ago.

    1. Richard Orville Middlebrook
    2. Edward Jerome Blum
    3. John M. Kaman
    3 lawyer answers

    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.

    Selected as best answer

  4. First DUI arrest BAC level of .11

    Answered about 3 years ago.

    1. Brian C Andritch
    2. Richard Orville Middlebrook
    3. Jeanne M. Normandeau
    4. Philip Daniel Hache
    4 lawyer answers

    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...

    2 lawyers agreed with this answer

  5. CA DUI law, would receiving a traffic infraction violate my DUI probation

    Answered over 5 years ago.

    1. Joshua Matthew Dale
    2. Patricia Elizabeth Fox
    3. Richard Orville Middlebrook
    4. Ryan Patrick McClure
    5. Donald Gray Drewry
    6. ···
    7 lawyer answers

    It is unlikely that a minor traffic violation, usually an infraction, would have any effect on probation.

    2 lawyers agreed with this answer

  6. Can police give a blood test to a minor without the parents or lawyer being present under CA juvenile laws

    Answered over 5 years ago.

    1. Brian C Andritch
    2. Alec Scott Rose
    3. Richard Orville Middlebrook
    3 lawyer answers

    Yes. The law permits law enforcement to obtain alcohol samples from any driver, even a minor, with or without parent's consent when there is probable cause to believe that person is driving under the influence of alcohol or drugs.

    2 lawyers agreed with this answer

  7. Will two DUI convictions prevent me from enlisting in the army

    Answered over 5 years ago.

    1. Richard Orville Middlebrook
    1 lawyer answer

    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.

    7 people marked this answer as helpful

  8. DUI / DWI when not driving

    Answered over 5 years ago.

    1. John Roger Blanchard
    2. Joshua Matthew Dale
    3. Richard Orville Middlebrook
    4. Ryan Patrick McClure
    5. Nathan L Webb
    5 lawyer answers

    All good answers. Get a great lawyer and fight. Get one that specializes in DUI defense as their primary or only area of practice. As for Washington, California's laws and case law differ significantly. The prosecutors must show not only control, but volitional movement. This is one to fight. Richard Middlebrook

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. Dui/disordrly conduct

    Answered over 5 years ago.

    1. Ben Walter Pesta II
    2. George Fredrick Mueller
    3. Richard Orville Middlebrook
    4. Deirdre Lynn O'Connor
    4 lawyer answers

    Penal Code Section 647(f) requires you are so intoxicated you are unable to care for the safety of yourself or others. It is ALMOST impossible to be convicted of and requires such a high degree of intoxication that it is almost never taken to trial. It may, however, be used against you to revoke your Felony Release pending trial. The fact that you are drinking may have violated a term of your release. Check with your lawyer. NEVER settle on a 647(f) charge unless you are pleading down a...

    1 lawyer agreed with this answer

  10. Dui Case going on for 6 months with no filing?

    Answered over 5 years ago.

    1. Okorie Okorocha
    2. Joshua Matthew Dale
    3. Richard Orville Middlebrook
    3 lawyer answers

    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...

    1 lawyer agreed with this answer

Contact us immediately to protect your license and future...

661-636-1333