Michael J Silveira’s Answers

Michael J Silveira

San Francisco DUI / DWI Attorney.

Contributor Level 13
  1. Can I get a DUI on a snowboard?

    Answered almost 2 years ago.

    1. Joseph Briscoe Dane
    2. Mark K Rosenfeld
    3. Michael J Silveira
    4. Daniel C Grupenhagen
    5. Cherie Lynn Brenner
    6. ···
    6 lawyer answers

    Not possible. A snowboard does not qualify as a vehicle per the California Vehicle Code.

    8 lawyers agreed with this answer

  2. Speeding Ticket-CV 23349 b

    Answered almost 2 years ago.

    1. Michael J Silveira
    2. Lara Ruth Shapiro
    3. Andrew Stephen Roberts
    4. Jason Robert Miller
    4 lawyer answers

    22349(b) controls undivided 2-lane highways, and sets the speed limit at 55mph with exceptions. Compared with VC 22349(a), the (b) charge is easier to win in general. Often times an officer will fail to introduce evidence specific to this charge. I always recommend fighting every ticket, good things often happen when you do.

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  3. I got a Citation for vc 22107 unsafe turn for amount $238

    Answered over 1 year ago.

    1. Michael J Silveira
    2. Andrew Stephen Roberts
    3. Michael Rutledge Norton
    4. Vijay Dinakar
    4 lawyer answers

    Every ticket can be fought and potentially won. 22107 violations usually involve some sort of "dangerous" turning movement that affects other drivers.

    7 lawyers agreed with this answer

  4. Officer wrote down driver's license number on citation incorrectly, is it void?

    Answered over 1 year ago.

    1. Michael J Silveira
    2. Alan Graham Keating
    3. Andrew Stephen Roberts
    4. James Donald Garrett
    5. Alan James Brinkmeier
    5 lawyer answers

    This will not affect your ticket.

    6 lawyers agreed with this answer

  5. Should I agree to pay a reduced fine for my red light ticket at arraignment?

    Answered over 1 year ago.

    1. Michael J Silveira
    2. Andrew Stephen Roberts
    3. Jacques Tushinsky-Fox
    3 lawyer answers

    There are many arguments against red light camera tickets that can be used in court. Whether or not they are successful depends on who the judge is that is hearing the case. I have had many Red LIght Camera cases dismissed or reduced to no-point violations in San Francisco. If you are not eligible for traffic school I would highly recommend hiring an attorney to represent you. San Francisco is a tough court, and I have honestly never seen a citizen win a red light case without the help of...

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  6. What defense may be used for a Traffic Court Civil Assessment ( CA PC 1214 . 1 ) 'Failure To Pay' ?

    Answered over 1 year ago.

    1. Michael J Silveira
    2. Andrew Stephen Roberts
    3. Thomas Joseph Baker
    3 lawyer answers

    Defenses for civ assessments include, but are not absolutely limited to: 1-hospitilization 2-incarceration 3-military duty

    5 lawyers agreed with this answer

  7. How to fight for a ticket VC22350, ? I have told not guilty and have a court date next week?

    Answered almost 2 years ago.

    1. Michael J Silveira
    2. Andrew Stephen Roberts
    3. Jason Chase Beahm
    4. Gayle Anne-Marie Gutekunst
    4 lawyer answers

    These are the easiest violations for an experienced traffic ticket lawyer to win. If the officer used lidar or radar to obtain your speed, a valid engineering and traffic survey must be produced. Often, the engineering and traffic survey is invalid. VC 22350 cases are extremely complex; behind red light camera cases they are the most complicated type of traffic case.

    5 lawyers agreed with this answer

  8. If you`re convicted of a DUI do you have to take the DUI class no matter what to get your license back?

    Answered almost 2 years ago.

    1. Manny Daskal
    2. Daniel C Grupenhagen
    3. Michael J Silveira
    4. Jason Chase Beahm
    5. Joseph A Lo Piccolo
    6. ···
    7 lawyer answers

    I agree with all the above. Also, you may want to check if you have an outstanding warrant as the completion of the alcohol classes are routinely a condition of probation. I'm surprised you never had any issues with warrants or probation violations. Though, your probation is likely finished at this point since these occurred 5 years ago.. However, you were only 19 at the time - were you charged with VC 23140 or 23136? Alcohol classes are generally not a condition of probation in these...

    5 lawyers agreed with this answer

  9. Can I get my drivers license again after 5 years?

    Answered over 1 year ago.

    1. Michael J Silveira
    2. Seth Andrew Weinstein
    3. David Philip Shapiro
    4. William Mathew Concidine
    4 lawyer answers

    You will have to take care of the hold on your license as a result of the ticket. It is so old it is probably in collections. Contact the traffic clerk's office for the county where you got the ticket. A traffic lawyer can also be very useful in these types of situations, you may want to contact one in the appropriate location.

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  10. I want to make a motion to plead guilty to a speeding ticket if the officer doesn't show. Can I ask for Traffic school still?

    Answered over 1 year ago.

    1. William Mathew Concidine
    2. Michael J Silveira
    3. James Robert Mortland
    4. Mohammad Ali Salimi
    4 lawyer answers

    You don't have to use all that motion language. Just say "Your honor, I do not want to proceed with trial, and I'd like to go to traffic school...." Also, the citation usually just has a due date on it, or an arraignment date- are you sure you are set for trial? Better yet, keep fighting your ticket!

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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