James E Dunn’s Answers

James E Dunn

Redwood City DUI / DWI Attorney.

Contributor Level 11
  1. Can i get my dui charge reduced to a reckless driving charge?

    Answered almost 2 years ago.

    1. James E Dunn
    2. Frank Mascagni III
    3. Michael Korry Bialys
    4. Troy Slaten
    5. Carmine John Giardino
    6. ···
    6 lawyer answers

    Yes, you can get a high blood alcohol case reduced to a wet reckless. But you have to challenge the evidence, and you need to find the defects in the prosecution case. Whether there are flaws in the evidence, or defects in the prosecution case, it's impossible to tell until you get the discovery and have an aggressive skillful attorney review the evidence and put together a defense. And, as with most things, you'll need some luck. A whole lot of luck. But you should start with the best DUI...

    22 lawyers agreed with this answer

  2. Is it possible to have a second pre-trial? Or would I be forced to go to a jury trial?

    Answered over 1 year ago.

    1. James E Dunn
    2. Kelvin P. Green
    3. Stacy E Pepper
    4. James Donald Garrett
    5. Anthony Michael Solis
    5 lawyer answers

    I agree that getting a private attorney would be the best solution. Certainly then you could ask for an additional pretrial negotiation. If you can't afford a private attorney, you could then bring what's called a "Marsden motion". That motion would allow you to have a different public defender than the one that is representing you now. I wish you the best of luck, Jim

    18 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Second dui blew .34 what are the max penalties in san mateo county?

    Answered about 2 years ago.

    1. James E Dunn
    2. Eric Paul Ganci
    3. Michael Korry Bialys
    4. Mark K Rosenfeld
    5. Joseph Briscoe Dane
    6. ···
    6 lawyer answers

    San Mateo County is very harsh in terms of making you do their custody in their county. On a second time DUI a sentence of 30 to 60 days is very common. With that very high blood alcohol, you should probably expect something closer to sixty. You should put together as much money as you can to hire the best lawyer you can, because the second DUI with such a high blood alcohol will be taken very seriously by the prosecutor and by the judge. Keep in mind, there are very strong defenses to DUI...

    15 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Officer stated there were 30 seconds to decide to take a blood test or not. Within 5 seconds he stated refusal. What now?

    Answered over 1 year ago.

    1. James E Dunn
    2. Michael Jon Fremont
    3. Hudson Thomas Bair
    4. Kiarash Feyzjou
    5. Jared M Thompson
    6. ···
    8 lawyer answers

    It may. As far as the DMV goes, they believe everything that's written on the paperwork. It is up to you to put on affirmative evidence to rebut what the officer says in his or her paperwork. On the criminal side, it's a little easier to persuade the DA, the judge, or a jury that the officer failed to properly advise you of the consequences of refusing the blood test. The officer is required to read a fairly complicated warning about what the consequences are. Hopefully, there is audio or...

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. I have a fail to appear for a DUI and a driving on a suspended license, what should i do

    Answered over 1 year ago.

    1. James E Dunn
    2. Michael Kevin Cernyar
    3. Michael Jon Fremont
    4. Andrew Stephen Roberts
    5. Sharon Paris Babakhan
    5 lawyer answers

    As to the 2010 DUI, an attorney should be able to get your probation reinstated. Then just start paying your fines again. As the the suspended license, have your attorney put the matter on calendar to recall the bench warrant and fight your case. They have to prove you had actual knowledge that your license was suspended. DMV usually serves the notice of suspension by mail, that just might not be good enough. I'd recommend finding an attorney who is a member of the California DUI Lawyers...

    13 lawyers agreed with this answer

  6. I'm charged with a felony DUI and just went through arraignment. What are the next steps? What happens in preliminary hearing?

    Answered almost 2 years ago.

    1. James E Dunn
    2. Michael Korry Bialys
    3. Douglas Holbrook
    4. Chris J Feasel
    5. Gurjit Singh Srai
    6. ···
    6 lawyer answers

    San Mateo is at tough and tricky jurisdiction. You want to get a local attorney from Redwood City, which is where your felony will ultimately be handled (even if your arraignment was in South San Francisco). I'm glad (at least I hope) you're out of custody. That makes a big difference in building your defense. I great deal should happen following your arraignment--the most important thing is discovery. In order to properly prepare for you preliminary hearing, you must get as much discovery...

    12 lawyers agreed with this answer

  7. What is difference between "Acquittal" and "Not found guilty" in DV cases ?

    Answered over 1 year ago.

    1. John M. Kaman
    2. Izaak David Schwaiger
    3. James E Dunn
    4. Michael Moshe Levin
    5. Vijay Dinakar
    6. ···
    7 lawyer answers

    To be "acquitted" means that there has been a finding that the government has not met its burden of proof, and a judgment of "not guilty" is entered into the record. This can happen by a stipulation, but that is rare, or it can happen by a judicial order after a motion by the defense. But most commonly, an "acquitta"l means a jury has returned a verdict of "not guilty".

    11 lawyers agreed with this answer

  8. Early expungement and traffic ticket, any impact to probation terms?

    Answered over 1 year ago.

    1. James E Dunn
    2. Hudson Thomas Bair
    3. Michael Kevin Cernyar
    4. Jasen Bodie Nielsen
    5. Ginny Harjot Kaur Walia
    5 lawyer answers

    Once your probation is terminated, it's over and done. It cannot be reinstated. So congratulations on your timing. As for the point value of a cell phone ticket, I don't know the answer off the top my head. I'm sure one of my colleagues here on AVVO will answer shortly.

    10 lawyers agreed with this answer

  9. Chances of beating DUI in Orange County

    Answered about 2 years ago.

    1. James E Dunn
    2. Robert Laurens Driessen
    3. Mark K Rosenfeld
    4. David Lisle Brengle
    5. Shawn Michael Haggerty
    6. ···
    9 lawyer answers

    Based on these facts, you have a very strong case. Remember, you're fighting two cases at once. First the DMV proceeding, and second, the criminal case. With .08 breath results, you have a very good chance of winning the DMV if the calibration records show any anomaly in your favor. As far as the criminal case goes, a large part of the evidence against you will depend on the statements that you and your passenger me at the time. Get a good lawyer, because you have a lot to work with. Check...

    10 lawyers agreed with this answer

  10. Will the California Board of Accountancy reject my CPA application if I have a wet reckless on my record?

    Answered about 2 years ago.

    1. James E Dunn
    2. Edgar J. Reynoso
    3. Mark K Rosenfeld
    4. Tai Christopher Bogan
    5. Christine C McCall
    5 lawyer answers

    Licensing boards have become more aggressive in recent years. However, don't give up hope. You will need to put together a character package that shows how you respond to this event. The board will probably want to know whether or not you have an ongoing substance-abuse issue. One approach would be to seek an assessment by a psychiatrist of your substance abuse issues -- if any. But you should pursue any strategy with the help of an attorney who has experience in dealing with licensing...

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