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Aaron Reuben Bortel
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Aaron Bortel’s Answers

185 total


  • First time DUI in Sacramento CA . No criminal history but high CAB and given an PAS . Should I even request a DIV hearing ?

    I got a first time DUI this weekend , no other items on my criminal , insurance or DIV record . Problem was my CAB was high ( . 16 / 15 on the station report ) so at this point I feel like there isn't a case for me to file a hearing with th...

    Aaron’s Answer

    The easy answer is you can get free consultations with top DUI Lawyers who can give you the tools to make your decision. Most DUI Lawyers will talk with you in person or by phone and do their best to answer all your questions. You can start with members of the National College for DUI Defense, and the California DUI Lawyers Association. They can help give you information on not only your chances with court and DMV, but about your license, insurance, jobs, travel, and more.

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  • What is the penalty if pulled over without IID if mandated to have one?

    I have an IID in current vehicle. I am thinking of purchasing a new car. What happens if I get pulled over in the new vehicle prior to having the IID transferred & how long do I have to get it installed? What is the penalty if driving another pers...

    Aaron’s Answer

    If found in violation of your IID requirement, you face a probation violation if the DA finds out about it. You also face criminal charges for driving on a suspended license. For DMV purposes, they can and probably will not allow you to drive with an IID, and make you ride out your suspension. They can also add on additional months/years to your IID requirement and suspension, depending on number of DUI and Driving on a Suspended license violations you have.

    You need the IID on the new car before driving it. You need the IID on the car before test driving it. You cannot legally drive a rental car unless it has an IID. The only other car you can drive other than your own car (and your own car obviously must have the IID) is an employer vehicle. In order to do that you must carry proof in the car that your employer allows you to drive that vehicle without an IID. You can get the employer form from DMV.

    Congratulations on your sobriety.

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  • Can I get my DUI bumped down to a reckless driving since I have a clean criminal driving record? I blew a .09.

    I got pulled over a couple nights ago, passed the field sobriety test, blew a .09, and got taken in. I'm in school and very concerned about the repercussions. I have no charges against me before this, cooperated with the police and they suggested ...

    Aaron’s Answer

    As stated by previous attorneys, there are defenses to a .09. If the driving and FST's do not show that you were impaired beyond a reasonable doubt, then the main issue will probably be your Blood Alcohol Level at the time of driving. Was your level rising at the time of driving? Was it rising at the time of the chemical test? Was there a problem with the testing? Was there machine or operator error? Is there a medical defense like GERD? These questions and more need to be addressed by an experienced DUI lawyer. Most DA's offices are not willing to negotiate a .09 DUI case to a non alcohol reckless driving, unless they see major problems getting a conviction. Negotiating a wet reckless most likely can be done, but is that something you can live with on your criminal record for the rest of your life? A wet reckless counts as a prior DUI for the next 10 years. You are in school and most likely will go through a number of job interviews in your career. Most employers check criminal records.

    What you most likely will need to decided in order to have a chance at a result that won't hurt your future is if you should go to a jury trial. A very good DUI lawyer has a chance to win a .09 at trial, and once they fully evaluate your case, you will have a better idea on what your chances are. There are a number of great DUI lawyers in your area and most should give a free consultation. Contact them ASAP to go over your court and DMV cases.

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  • Need Referral for Independent Lab for DUI Blood Retesting in the San Francisco Bay Area.

    Have a BAC reading of 0.1% by the Santa Clara County Crime lab, need to find an independent lab to have the bloom sample reanalyzed. Any recommendation for good independent lab in the San Francisco Bay Area?

    Aaron’s Answer

    Contact Drug Detection Laboratories in Sacramento. They re-test hundreds of Bay Area blood draws each year and testify in all Bay Area courts and at DMV. Their office number is 916 366-3113. The lab's cost for alcohol content and preservative level is about $135.00. Ed Smith usually does the re-test at the lab, and both he and Jeff Zehnder testify.

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  • I was charged with a DUI & a wet & wreckless in CA & can't pay any of my fines. Turn in date is only a week away!

    Turn in date is 12/6/12, I have not been working due to lack of employment in my area & have not been able to pay anything including my AWP application fee OR my DUI class enrollment fine. I have a great opportunity with a new job next month, I wi...

    Aaron’s Answer

    If you had an attorney, ask them to help you get an extension. If no attorney, then you can try to get the case back in front of a Judge and explain your financial situation. If you tell the court you can pay your application fees and start paying your fine in a month or two, they may be willing to give you an extension. The key is to do this before the surrender date passes, as this shows the court you are trying and paying attention to deadlines. If no attorney to help you, then you may want to show up at the clerk's office around 8AM tomorrow and see if you can get on Calendar tomorrow, or sometime within the next week. You will also may need a re referral to the DUI School.

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  • In CA, can swerving right and left alot get one arrest on a DUI?

    see above.

    Aaron’s Answer

    This type of driving can and often does result in being pulled over for further investigation. Officers are trained (some better than others) to look for signs of impairment for alcohol or drugs or both. They usually follow the stop with trying to detect the odor of an alcoholic beverage on your person, and run you through a number of field sobriety tests (which are not mandatory). If they believe they have enough evidence, they arrest for DUI.

    The driving may have been recorded with a dash camera mounted in the police car. Whether they had enough bad driving to pull you over may be an issue for a suppression hearing in court. You should hire an experienced DUI lawyer to review your case and represent you in court and at a DMV hearing.

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  • Win a hearing in California at the DMV

    Are DMV hearings difficult to win after a DUI? I have a .08 BAC reading postings it seems extremely difficult to win these. I have a lawyer and he says I have no chance after reading my case file. Is this good advice? Do I need an expert toxicolog...

    Aaron’s Answer

    DMV hearings are tough to win, but a .08 test result can be won in many cases. Being at the legal limit increases the number of defenses, giving your attorney more ways to win. Recent case law has actually helped us win more .08's. Defenses range from margin of error to rising BAC to machines reading high on accuracy checks. Your case may or may not need a toxicologist to testify at DMV, but what you probably do need is a second opinion from a DUI lawyer who can review your police report and give you a free consultation.

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  • California DUI school transferring to washington state?

    I got a DUI in may and plead guilty. They dropped my work time and fine me more. What I'm wondering is I'm just finishing up my first month in DUI school out of 9. I have to move to washington state for work on 12/1/2012. I'm wondering if its ...

    Aaron’s Answer

    If you had an attorney then ask them this question as they will know your case better than we will. Assuming you now have a restricted license, it will remain restricted until you finish your DUI School and it must be done in CA. You can probably get over half of the classes done during the first three plus months before you move. You are also probably required to complete the School in CA as a condition of your court probation. You can get it done once you move by flying back to CA on the weekends until you are finished. It's a major cost and a major pain, but this is one way to get it done and avoid a probation violation and further license suspension and save your job.

    If you want to change the School to Washington or to an on line school, you will need to go back to court to get the condition of probation modified. If you do this, CA DMV will suspend your privilege to drive in CA and you are looking at no driving for probably 9-10 months. This means you cannot drive in another state. Once that Suspension period is over, you can contact the Mandatory Actions Unit of DMV in Sacramento and request a 1650 waiver as an out of state resident. Once you comply with the proof they need (residence and insurance) then they will lift your CA suspension and you can apply for a license in Washington. If you go this route you may want to consult with a DUI attorney in Washington to confirm this will work.

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  • DUI with 0.18 BAC..but when stopped it was 0.21 BAC.This is my First DUI and no criminal history before.

    Hi There, I was arrested on 07/23/2012 in Malibu,California for a DUI..I was pulled in by a CHP for car swerving and he asked me to do a field sobriety test and the breath analyser test..which he said I failed..Later he took me to the police stat...

    Aaron’s Answer

    When you hire a DUI lawyer you want to make sure it is someone you are comfortable with. That means you should feel like you can e-mail him or her or call with questions like the one you are asking here. If the attorney makes you feel like they do not have the time to answer your questions, or tell you they are too busy, then you have hired the wrong attorney.

    If this is a first DUI arrest and you have not been arrested within 10 years for a DUI that resulted in a conviction of a DUI or Wet Reckless, then you are looking at standard DUI charges with a possible high BA allegation for being over 0.15%.

    If you are wondering about the penalty, the maximum for a first DUI is 6 months in county jail, 3-5 years probation, fine, DUI School, and other probation conditions that include no alcohol in your system while driving for the period of probation.

    Good Luck,

    Aaron Bortel
    www.bortel-law.com
    888 373-8000

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  • Charged for misdemeanor DUI but anticipate it being changed to felony DUI at arraignment

    I was arrested for misdemeanor DUI but have a felony DUI on my record from 4 years ago. I anticipate the courts bumping this misdemeanor to a felony DUI because of the prior felony DUI...my question is once it is increased to felony will I 100% b...

    Aaron’s Answer

    Every court is different but most will go easier on the bail if at arraignment you are living in a residential treatment program and have a scram alcohol monitor decorating your ankle. Get both going ASAP. Have someone from the scram program show up to court with your attorney.

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