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Terry Alan Wapner
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Terry Wapner’s Answers

129 total


  • Exception DMV 1650

    1st dui planned to move out of state judge gave me permission to do classes another state heard Calf DMV will not except classes out of state what do I need to do to so I can move I've signed up for classes here but don't start until the 16th of J...

    Terry’s Answer

    Yes, the court will allow you to do your classes in another state, but that doesn't mean the DMV will. In order to avoid doing the classes here, you can fill out a DMV form DL-589 which says that you will not be back here for 2 years. Otherwise you will need to do the CA classes.

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  • Can I possibly win my underage DUI case if an officer didnt have a good reason to stop me?

    it was around 2:30am and I just exit out the freeway. That was when I got pulled over by 2 officers. He came and asked for my DL and registration and didn't say anything of why I was stopped Until I asked. He said I took a couple seconds to turn r...

    Terry’s Answer

    Yes, it's possible. Your DUI attorney will have to asses all of the facts and bring a motion to suppress.

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  • Dose a dui ticket expire ??? in California ...

    statute of limitation...

    Terry’s Answer

    It doesn't expire, but there are speedy trial rights. Typically, the DA has a year to bring you to court on the charges. If they don't, you will be able to raise speedy trial issues that may result in preventing the prosecution. You should seek the advice of a local DUI attorney.

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  • Will my neighbor be getting charged with DUI?

    My alcoholic neighbor was involved in a "suspected" DUI on 2/4/15. He abandoned his disabled vehicle after driving on the rims because he blew all the tires out hitting curbs along the way. He then attempted to walk home, was confronted by concern...

    Terry’s Answer

    People that are arrested for DUI may not actually be booked in the FCJ. That doesn't mean they weren't arrested and are not facing charges. It's the District Attorney who decides to file charges. The arraignment on those charges, in Fresno, is usually about 3 months from the arrest date.

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  • What is going to happened?

    My husband got 2 DUI within 2-3 months in 2006-2007 he just got his third one yesterday. He has been a resident in California since he was 5 years old. What is going to happened?

    Terry’s Answer

    You need to contact a local attorney to determine what the realistic possibilities are. In general, a 3rd DUI within 10 years faces a minimum 120 days jail (to 1 year), fine, and an 18 month DUI school. It is very helpful to have an attorney help to reduce the exposure. In Fresno, there are ways to do this. Only an experienced DUI attorney will know the possibilities and the avenues to take.

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  • I just picked up my fourth d.u.I. my first was in 98, 2nd in'04 and third in'07. Is it possible that I could be sent to prison?

    Well the first three happened within 10 yrs. I'm done and have complied with all they had me do. That said, I have no probation or anything. This October I picked up my fourth. Even though my first one no longer counts since it has passed 10 yrs. ...

    Terry’s Answer

    Without knowing the actual dates of the prior offenses, this may not be considered a fourth offense at all. The ten year period is offense date to offense date. The 98 case is outside the window and the 04 case might be. Best case is that this is a second. That being said, judges can look at your entire record for sentencing if they want. You will need a DUI attorney to help you no matter how it's charged.

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  • I am going to court for my third DUI in Fresno County. what are the consequences that I am facing.

    I have already done programs for alcohol and been on probation will I go to jail now and for how long

    Terry’s Answer

    Depending on your facts, you are facing a minimum 120 days up to 365. There are ways to manipulate it to spend less time in jail but you will need an attorney who practices locally to do that.

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  • I went for a job and was turned away because I was told I had a felony in 2010. I feel this is discrimination. I had DUI in 2010

    I had DUI 2010 with injury to the passenger. All was settled out of court and has been completed except for me finishing paying the fine--due to the fact I cannot find a job.

    Terry’s Answer

    I'm not sure what the question is. However, employers may use whatever legal criteria they wish in their hiring practices. Excluding people with DUI's may be due to their insurance issues. It's not illegal.

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  • I received 2 dui within few months apart. The statute of limitations is up on both? Can they still charge me

    Both are Misdemeanor

    Terry’s Answer

    Well, they can charge you although you have speedy trial issues that may get the cases dismissed. You would have to file motions for this to happen. Maybe the DA will just not file the case, but I wouldn't count on that. Keep checking to see.

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  • What will my charges be? What can I do to avoid large amount of fines and jail time?

    This is my second DUI offense. I was arrested because I blackout and crash into the neighbors yard. I submitted to a blood test and it came out that my bac level was .08. I was restrained from the officers and was tackled resulting from bruises an...

    Terry’s Answer

    There may be lots of issues regarding your case that an attorney would have to find out about in the discovery process. Why did you black out? Was there something other than alcohol? People don't usually black out at a .08 level.

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