Aaron Reuben Bortel's Answers

License revocation for vehicular manslaughter in California.

My experience with DMV on these type of cases is they want you to serve a one year suspension, then will consider returning the license after a hearing. You should have an experienced DUI Lawyer who does a lot of DMV hearings help you with this one.

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On second DUI within 7 years in the state of California, can you have full driving privilige restored...

The IID license on a 2nd DUI restricts driving to and from work, while working, and to and from DUI Classes. This is after you go 90 days without driving.

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Can the dmv in ca still make me go to dui school if i only have 1 dui on my record thats past the 10 year period?

If the last DUI over 10 years ago was within seven years of a prior, DMV is looking at the most recent one and calling it a prior. DMV has different rules than court, and does not just follow what the court requires. DMV's rules have changed over time, and very rarely does it benefit drivers with DUI's. The extra DMV penalty is probably what the Mandatory in Sacramento will tell you has happened.

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I appeared in court on the time and date but still got a notice from DMV saying that I failed to appear how is this possible?

Check with the Court again and see if they later filed DUI Charges. This happens all the time and sometimes notices are not sent out. If there are charges, consult with a DUI lawyer and they can walk you through what needs to be done. If this is the case, once you are back in Court the warrant can be recalled and DMV may lift whatever hold they have for failure to appear. Some DA's offices like San Francisco fail to send a courtesy notice when they later decide to file charges after a...

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How can I get off informal probation (DUI- .17 BAC)early, to pursure career?

In San Francisco the DA's office will usually object to early termination of probation. If you have a good reason for early termination, and yours sounds like a good reason, then you should give it a try and have an attorney argue the motion for you. These motions are heard in Department 18. They require 15 days notice and they hear them on Wednesday mornings. Since it's early termination you request, I would recommend doing a formal motion with declaration, instead of just filling out...

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When can I get my restricted IID license from the DMV after 2 APS losses within 3 months.

Based on the information you provided, DMV will make you do a 9 month DUI School for the 2nd Wet Reckless conviction when they get notice of the court conviction. The IID should not be required based on your facts. The DMV suspension will be for one year and currently DMV is not allowing an IID license. You will not be allowed to get a restricted license until at least that year is over. If the second conviction was for 23152 (regular DUI) instead of a Wet Reckless, then you could get...

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After being arrested for a DUI, no charges were filed by the District Attorney against me yet the DMV is still charging me.

Assuming you are set for a DMV hearing, a .08 BAL gives us a number of defenses. There is a margin of error on these machines and an attorney using a forensic toxicologist as an expert witness to testify about the margin of error is one way to go. There may also be a rising BAL defense, where the claim is you were not at or over the limit at the time of driving, but possibly later. There are other defenses, but these two are usually the strongest in a case like yours. More details are...

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I received a wet and reckless charge, how can I get that taken off my record?

This will stay on your DMV record for ten years. For your criminal record, you can try to get it expunged after completing probation. Sometimes you can apply to expunge it earlier, and should consult an attorney to see if you qualify.

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Is it only San Diego County that gives 5 years probation for a first time D.U.I? 3 years for every other county for DUI?

In Northern California, Napa County hands out a standard 5 year probation for first time DUI convictions.

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3 years ago I visited Orange County, and end up getting a DUI on my visit. Can anyone help?

A DUI conviction can have a long lasting negative impact on your life. You should find a way to come up with the funds and hire a DUI lawyer in the Orange County area. Find one who is a member of the National College for DUI Defense and the California DUI Lawyers Association. That person will usually be a DUI lawyer who understands how to fight a DUI case. Many DUI lawyers will let you do a payment plan. I'm not sure why the previous lawyer who posted referred you to Kapsack and Bair....

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