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James E Dunn

James Dunn’s Answers

105 total

  • I was arrested for misdeamenor DUI. I missed the court date. Can they add additional charges?

    I failed to appear because I was a 1,000 miles away and could not afford the trip. They have issued a warrant, is it for failure to appear?

    James’s Answer

    You can have an attorney appear for you. In most cases the court will recall the warrant and get the case back on track without your having to be present. In San Diego, I'd call Mike Fremont: (760) 635-0640. If you're unable to retain Mike, then hire someone who is a member of the California DUI Lawyers Association. At least then you will know that they are committed to staying up-to-date on a very technical area of the law.
    Best of luck.

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  • I'm fighting a second DUI and really need a there anyone who would let me work off the fee...

    The cop pulled me over and asked me questions...I answere no or yes....then says I smell alcohol your slurring your I go to pull my phone he sees that and runs around the car to the drivers side as I go to record I say I'm gonna protect...

    James’s Answer

    What did officer did is outrageous. It really amounts to the destruction of evidence. You should have a right to record anything you say when speaking to an officer.

    However, your officers attitude is very common.

    If you get the right judge, you might be able to persuade him or her that the officer's behavior renders the entire detention unreasonable and therefore unconstitutional. Look for an attorney who is a member of the California DUI lawyers Association. I wish you the best of luck.

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  • I'm fighting to get my DUI (first time) dismissed in court, attacking probable cause. How good are my chances? Rep by Public Def

    I was heading north bound on a big Avenue and a CHP unit was heading southbound on that same avenue. I turned left on a residential street. I noticed the unit decided to follow me. He pulled me over and stated he paced me at 35 on a 25 zone (not t...

    James’s Answer

    Your odds are only as good as the judge that hears your case. On the speed issue: 35 in a 25 mile an hour zone may not be "unsafe for conditions." This is a very common issue, and your public defender should be aware of it. Just to make sure, you can go to the department of public works and ask for the speed survey for that section of the road. That will show you how fast people usually travel on that road. If 85% of them go 35 miles an hour or more, you're in great shape to argue that your speed was not unsafe for those conditions. Other factors, such as traffic on the road, pedestrians, driveways to businesses or homes, etc., will all have an impact on the reasonableness of your speed under the specific conditions.

    As far as the air freshener goes, you may be able to persuade the judge that the officer is retroactively fabricating his or her ability to see the air freshener. Be creative and take pictures/video of your car with the air freshener, from the distances shown in the police video. It comes down to the commonsense ability to persuade the judge that there's no way the officer could see the air freshener until after you were pulled over. Bring the documents to your public defender well before any hearing, so that he or she can subpoena at the public works records in time to get them to court. Best of luck!

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    Back in 1998 my Brother had a DUI which he got booked in for and then later bailed out that night. He never showed up to court and on top of that used a different name from that of his when getting booked in. is there anything at this point he can...

    James’s Answer

    It's a shame that he's suffering such drastic consequences over a misdemeanor DUI (unless he caused injury or its his 4th).

    He should find the best lawyer he can in the County where the warrant issued to advise him of the best way to unravel the mess. Start with to find someone with DUI expertise. I wish him luck.

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  • I received a letter from arc dui class in stockton ca stating its a "notice of termination"for non payment? I had no idea this ?

    I was under the impression that i had 2 years from the time u enroll to re enroll or pay your payment? Will i lose all my credits? I was 13 class s away from completion on a second offender class.

    James’s Answer

    You should contact the program quickly and work it out with them. It's up to the program whether or not they give you credit for past attendance.

    Each approved program is supposed to offer fees on a sliding scale, so if your financial situation makes it impossible to pay, they should try to work something out with you. Unfortunately, in this situation, the program holds all the cards in terms of giving you credit for past efforts. Best of luck.

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  • Stature of limition expires for my DUI case expires in 1 month, what to do after?

    My case expires on February 17,I have a little over a month to go, I was told to do nothing g and lay low, can please someone be more elaborate and in detail on what I need to do wit the DMV and what I need to do to seal or expunge the arrest? Ple...

    James’s Answer

    Once the statute of limitation runs, then you can safely bring a petition to seal and destroy the arrest record. The petition requires 60 days notice to the arresting agency before you can litigate the motion in court. The agency may respond before the 60 days, but that is unusual. If they deny the petition then you can go into court and ask for the relief.

    Keep in mind, that you will have the burden of proof. You will have to show that, given the benefit of hindsight, there were no grounds to arrest you in the first place. I would suggest consulting with an attorney before attempting the petition. Good luck.

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  • Do i need to get a breathalyzer if its my first dui and ive completed my classes and im eligible to get my dl this month

    ive finished all my classes and payed everything i got a letetr that i can get my dl but i dont want the breathalyzer do i need to get it ?

    James’s Answer

    It depends on the county of your conviction. If you were convicted in Alameda, Los Angeles, Sacramento or Tulare County, then DMV will require a 5 month Ignition Interlock Device installation on a first time DUI. You can call mandatory actions at 916-657-6525, give them your DL number, and they will tell you exactly what is required. Good luck!

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  • How would I get my license back after an DUI

    I was sitting in my car and the Lakewwod sheriffs were dispatched on an unrelated incident. Me and a friend got out of the car walking into Dennys entrance when I was grabbed by a female officer and was arrested for an DUI, after released I never ...

    James’s Answer

    It sounds like you may have a very strong defense--no evidence you were driving. Then again, you need to see what prompted the deputy to arrest you. Since you failed to appear, the court notified DMV and they suspended your license. You should hire an attorney to "recall the warrant" and defend your case. If you can't afford an attorney, contact the public defender and ask them how best to proceed. When the warrant is recalled, it is important to ask the court to issue an "abstract" showing that you have appeared on the case. DMV will not reinstate your license without it.

    There may be other ways to fight the DUI in addition to the "no driving" defense. In addition to traditional tactics, such as attacking the accuracy of chemical tests, you may be able to use "technicalities" such as your right to a speedy trial to get your case dismissed. If you gave your correct address when you were arrested and you have not moved since then, your attorney can argue that the DA had an obligation to arrest you on the warrant before the evidence went completely stale or was destroyed.

    If you're looking for an attorney, ask if they are a member of the California DUI Lawyers Association. Or check here: That will at least demonstrate a commitment to the defense of DUI.

    Good luck!

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  • I am still in court for my dui, but got a letter of reinstatement in the mail. what does this mean?

    was my dui dropped?

    James’s Answer

    If the letter says that DMV has "set aside" the suspension of your license, that means you won on the DMV side. However, that doesn't make your criminal case go away. If you're "still in court" I assume you have a lawyer. If your attorney represented you at the DMV hearing, ancall him or her up and say thanks. It's a good sign your criminal case, and I wish you the best of luck.

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  • How do I find out if my home is being watched or a search warrant was issued?

    Sheriffs are patrolling my neighborhood frequently. Call log indicates an address close to me has been watched and called on. It only uses the first two numbers of the address, same as mine.. I have two roommates and would like to know if there ...

    James’s Answer

    There are different kinds of warrants. One is a search warrant. The search warrant is issued by a Judge after a police officer or Sheriff's deputy drafts an affidavit explaining why there is probable cause to believe that the fruits of a crime or evidence of a crime maybe located in the house. Many courts organize those by the address searched. You or your roommates can go to the courthouse and ask the clerk to see any warrants issued for that address.

    However, law-enforcement is not shy about serving search warrants. They Just come right in and, if you're lucky, leave you a copy of the warrant.

    The other kind of warrant, is a bench warrant. Those are issued when someone fails to comply with their probation terms, or if they feel to show up for a court appearance.

    You and your roommates should make sure that you done everything you're supposed to do if ever placed on probation.

    Yet another kind of warrant is an arrest warrant. Arrest warrants are also issued on probable cause to believe that the person named in the arrest warrant has committed a crime. In California, law enforcement agencies are of the mistaken belief that warrants can only be issued in felony cases. Again, they're usually not very shy about serving them.

    If you and your roommates are simply under surveillance, law-enforcement has many methods to conduct surveillance with a very low profile. Sometimes, if particular neighborhood has had a number of complaints or calls about crime, the local law enforcement agency will increase their visibility with neighborhood patrols. Hopefully that's all that's going on. If however you get a knock on the door – it will be a very loud knock, by the way – then keep your hands high in the air and cooperate. Too many people have been shot dead when a warrant is being served. Demand to speak with an attorney, and remain silent until your attorney arrives. Good luck!

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