We had a DD and I as dropped off @ my car that afternoon. Entered my vehicle but only to sleep it off. Plus my car was out of gas. I did however, have the key in the ignition. I just don't even know where to begin with all of this.
Most experienced DUI lawyers in the Bay Area Will offer a free consultation and you can confidentially discuss what happened and the possible defenses to your case. In almost every case similar to yours, an arrest is based on an officer claiming they saw your car move, or you told them you drove to that spot, or someone reported you as a driver doing something wrong. The report may claim the police found signs of the car recently being driven. California is a state that required volitional movement of a car, not just control.
Although you know you never drove, you will most likely need a DUI lawyer to fight for you to keep an conviction off your record. Investigation by the lawyer can include contacting witnesses who were with you earlier, dropped you off, and possibly back up the fact that your car was out of gas.See question
I was 20 years old at the time of my DWI.I went to the state prison on another unrelated charge.When i went to apply for my drivers licences i was told i had to take a 12 hour class for my DWI.So since its been 7 years would that not have been c...
You can double check with DMV's Mandatory Actions Unit in Sacramnto, but most likely the information you received was correct. Passage of time will not result in DMV allowing you to get reinstated without completing the 12 Hour Wet Reckless School. Depending on if you lost your DMV Hearing, you will also possibly need to obtain an SR-22 insurance policy to get reinstated.See question
Convicted for 1st time DUI in Nebraska in 2007, completed all classes, paid all fines/fees, released from probation 6 months early. Moved to CA in 2008. Got notice from CA DMV in March 2014 that license is suspended due to NE DUI in 2007. Never...
You will want to contact the Mandatory Actions Unit at the Sacramento DMV Driver Safety Office. You will need at least a 1650 waiver sent to you and you will probably need SR-22 insurance as well. The number for Mandatory Actions is 916 657-6525. Once you show them the proof of living out of state, they will hopefully lift the California Suspension so you can get a license in NY.See question
I was followed outside of a bar by cops and they witnessed me hit a parked car and take off back home. I was arrested and held for6 hours. Will I go to jail? What will happen to my license?
Assuming your case occurred in Marin County or somewhere else in the Bay Area, you most likely are not looking at actual jail time on a first DUI even if charge with hit and run without injury. Assuming your license was valid when this occurred, You most likely received a 30 day temporary license from the cops and your hard copy was taken. By requesting an administrative hearing within 10 days (and you should talk to a DUI lawyer who can request this for you) the license will remain valid for potentially many months more until at least the conclusion of your DMV and or Court case. You should consult with a DUI lawyer as soon as possible to go over the details of your case. That attorney can asses the entire case and better answer your questions.See question
Im 26 years old.
If you have a CA license, then you will need to take the class in CA if you want to drive again in CA. If you have a Nevada license, or are moving out of CA to Nevada, then you will probably need to get the Court to agree to let you do the class in Nevada. Most Courts will be ok with this, but you will not be able to drive for three years in CA and to do that will need to get a waiver through the Mandatory Actions Unit at the Sacramento DMV. Once your six month suspension to drive in CA is up, you contact the MAU and request a 1650 waiver be sent to you in Nevada. You return it filled out showing proof of Nevada residence and you also need SR-22 insurance. The insurance must be maintained for three years. After three years you will be able to drive in CA again. You will want this CA suspension lifted after the six months is up to prevent problems getting or renewing a license in other states.
Many CA Courts are now allowing an out of State resident to do an on line DUI School if it is the equivalent of the CA School. One on line school that has worked for my clients is the Tom Wilson on line DUI School. They have the CA equivalent of the 3 month (32 hour) program.
Doing an out of State school or on line school without getting the waiver from Sacramento DMV will preclude you from driving again in CA, unless you later take the CA 3 months school live in CA.
Good LuckSee question
I am dealing with a DUI conviction at the moment, and was just wondering, if required to obtain an SR22, will this effect my cosigner? My cosigner also happens to be a name listed on the vehicle registration. Moreover, I have two of these vehicles...
You can get an SR-22 on your person, through a different insurance company than your current auto insurance company. Also, you must maintain it for three years from the time you decide to start driving again. There are a number of these companies who can help you in Southern CA. You've can contact them for no charge and they will explain how these policies work. Two of these companies are BreatheEasy 866 822-7755 and John MacDonald.See question
I have posted before, but my need is becoming more critical by the day. I was pulled over for speeding at which time the officer gave me a breathalyzer test. I blew .04. The officer took my license and let me drive home. I retained a lawyer an...
As previous attorneys have said, you can apply for a critical need to drive license. In order to get this license you must be under 21 and be able to show DMV that there is no other reasonable way to get to work. They want to see that you basically support yourself and have no other way to get to work. You will need to show them proof that there is no bus or other public transportation that works, or that you work such late hours that there is just no other way to get to and from work. This is a difficult license to obtain, but if properly presented you have a chance. Hiring an attorney with success in this area is your best shot here. Have you spoken with the attorney who conducted your Administrated Hearing with DMV? If you feel they are unable or unwilling to help with this, there are a number of DUI lawyers in the SF Bay Area who can help and who will give you a free consultation.See question
Received DUI conviction in LA County (IDD Pilot County), moving to Kern County (Non Pilot County). Need the IID installed per court order for LA County. Can the IDD be operated in a non pilot county as long as the maintenance is done as required? ...
Yes, you can drive anywhere with the IID. Note that if you move you are usually required to notify the Superior Court where you were convicted of your new address. Also, update DMV of any new address so you do not miss any letters from Sacramento. You may want to do some research on different IID companies. Some are more responsive than others when you have problems with the device. Look for one that will respond 24/7 to any problems.See question
At my arraignment my lawyer had a stack of papers that he said was all the stuff about my case including police report and blood results. Am I really not allowed copies or even be able to read the police report? I understand names n addresses need...
Your Lawyer needs to redact certain names and contact information before giving you the report. However, they could have gone over the report with you right after court by reading it to you without mentioning the redacted information. This is assuming they had time to do so after your case was called in court.
When hiring a lawyer, it is very important to not only find someone qualified to defend a DUI, but to hire a lawyer you are comfortable with. You will spend a lot of time discussing your case with your lawyer, in person, by phone and or e-mail. If you are not comfortable with this lawyer from your first conversation, then go with someone else. This is your case and these are your rights and this is your on the line. Make sure the lawyer you talk to from the beginning is the one who will be fighting your case and communicating with you whenever you or they need to talk. The person you consult with on the phone might sound great and promise you what you want to hear, but will they be there for you every step of the way to back it up? Will this be the same person who you will feel comfortable asking questions of? Will they have the time to get back to you within a reasonable amount of time when you need to talk? Find an experienced DUi lawyer with solid reviews or referrals and trust your instincts.See question
I just got my first DUI this weekend, but my BAC was never disclosed to me verbally and I cannot find it on my paperwork.
You should consult with an experienced DUI attorney who practices in the area where you were arrested. That attorney will have a lot of questions and can help you decide if the hearing needs to be requested. Most likely you will want the attorney to request the Administrative Per Se Hearing (Must be within 10 days of arrest).
The paperwork you received from the cops usually does not reveal your BAC. It often lists the charges, one of which is Vehicle Code Section 23152(b) - being at or over .08%. People often think their BAC is .08% because that number is written next to the Code Section violation.
DMV may have your BAC by now or next week. Your attorney can contact them and possibly find out your BAC.
Good LuckSee question