Nors Elwood Davidson's Answers

AZ Resident w/ DUI in CA - why do I need to get a CA license reinstated?

You DO NOT need a California license. It all depends on whether or not you were convicted of DUI in court. If so (and you were referred to a 3 month DUI school), you can wait out your six month conviction based suspension and then file an Application for Termination of Action with the Sacramento DMV. You can find the necessary forms on the California DMV website. To apply, you have to wait your full suspension, file a form SR-22 and pay a reinstatement fee. This procedure will lift any "...

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What is going to happen since I am a first time DUI, never been in trouble?

It depends on your case, especially what your alleged BAC is. That said, if your income is less than $25,000 per year, you may be eligible for a public defender. Otherwise your first court appearance is called an arraignment and you will be asked to answer to the charges (not guilty/guilty) or request a continuance for a lawyer. If your BAC is reasonable (.12 to .15%) with no aggravating factors, you will probably receive a relatively standard sentence, i.e 3 years probation, fine of about $...

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How long after arrest for a DUI do they have to charge me?

On all under 21 zero tolerance cases, the DUI attorney has to be careful that the client has not reeived a seperate citation for the criminal court. Typically, the license is suspended administratively by the DMV by way of the pink APS/Temporary License and revocation order. This is the notice that you have 10 days to request an administrative hearing at the DMV driver safety office. Only aout 50/50 of the time does the under 21'er receive a criminal traffic citation. This is determined by...

Wet/Reckless

You need to hire a kick ass DMV attorney who has a strong working relationship with your assigned Hearing Officer. The DMV gets a "presumption" that your .08% BAC was in fact your BAC at the time of driving. This is, however, a "rebuttable" presumtion and you must hire a respectable forensic toxicologist to provide opinion testimony on your behalf. Personalities and relationships are the key at DMV.....If this is a San Francisco Driver Safety Case, as it looks like, you should definately...

2nd DUI

It really depends. In a DUI case, you basically face two seperate suspensions, a one year APS suspension and a two year mandatory suspension which is based on your conviction date. Once you've served your full one year APS suspension, you should be eligible for a "restricted" work license as long as you've enrolled in the 18 month Multiple Offender Program, filed a form SR-22 from your insurance company and pay a $125 license reissue fee. You may want to call the Sacramento Mandatory Actions...

How do i find out results on my blood test?

Your blood test results should be made available to your defense counsel at your first court appearance, your arraignment, which should be noted on the citation you received when released from police custody. Blood samples are typically analyzed in bulk and sometimes your results are not ready by the time the District Attorney typically files a complaint against you. In this situation, your arraignment will either continue on the 23152(A) count, driving under the influence, and the (B) count,...

Is it possible to get a dui in CA reduced to a wreckless driving after conviction.

Regrettably, this is not possible. You've already entered your plea and been convicted of a DUI. That said, you can and should file a petition for expungement once your probation terminates assuming that you've done everything the court ordered you to do. You can hire and attorney or attempt the process alone. My suggestion is that you discuss it with a solid local criminal defense attorney. You can expect fees of approxiamely $1,000 to $3,000 for the procedure and your conviction will...

I got a Dui over three yrs ago and I didnt complete classes...Is it possible to get a restricted DL if I reenroll?

Assuming that there are no other holds on your license, i.e. failures to appear/failures to pay, you should be eligible to get a restricted license. You'll need to enroll in the 18 month program and have them file your proof of enrollment with the DMV. Additionally, you will need to get an SR-22 filed with the DMV and pay a license reissue fee of approximately $125. This is all contingent, however, upon the dispositions of your DUI criminal cases. There may be other requirements placed on...

When someone is a Assistant District Attorney, do they have the right to harass/threaten people just because they want to?

All members of the community are responsible for the general welfare of our society. If this person is truly harrassing you, you may be be able to file a "restraining order" against them. This is a civil order and you had better have some solid facts to back it up, i.e. witness statements, physical evidence, and possible police reports. Beyond that, District Attorney's are elected officials and must serve the community. After all, in trial they purport to represent "the people." That said,...