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Aaron Reuben Bortel
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Aaron Bortel’s Answers

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  • Can I get a restricted license even though I did not attend DMV hearing?

    It is my first DUI, and my court date was 7/2. I was going to plea not guilty for my case, so I requested a DMV hearing. But, after my friends advice, I decided to plea guilty on the court and get it over with. The problem is, my dmv hearing date ...

    Aaron’s Answer

    When you get back to the U.S. you will probably have a letter in the mail from DMV that states you lost your DMV hearing (Administrative Per Se hearing) and your license suspension will begin on a specific date. After serving 30 days of that suspension, you can apply for a restricted license if you pay a re-issue fee, have proof of enrollment in a 3 month DUI School and have an SR-22 (specific DUI related insurance) on file with the DMV.

    The DMV hearing officer will probably start the suspension date within a week or two of your hearing date. They will most likely not look at the court conviction date and will not backdate the start of the APS suspension to that same court conviction date.

    The restricted license is only for driving to and from work, while working, and to and from the DUI School. It is not for driving to any other school or counseling.

    If you did not receive one already, there should also be a letter from DMV in Sacramento stating that you were convicted in court of a DUI and you are suspended for six months. It will say you can get a restricted license right away, as long as you pay the fee and have proof of DUI School enrollment and SR-22. You will want to wait until the first 30 days of the other suspension (DMV hearing/APS suspension) is over before applying for your restricted license.

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  • DUI Case at a checkpoint (.09)- How to negotiate after the initial offer from the DA is provided?

    Hello there and thanks in advance for your help. I will try to quickly provide details. I got stopped at a DUI checkpoint (in Anaheim) and blew a .89 and followed by a .097 and .098 bloodtest. I did reasonably well on my FST's (counted to 31 sec...

    Aaron’s Answer

    Based on the information you provided, we have no bad driving, good FST's and a rising BAL defense. You should consult with a DUI lawyer (try a member of the National College for DUI Defense and there are many in your area). That lawyer will most likely tell you that this case should GO TO TRIAL. If they don't tell you it's a good case for trial, then talk to another one. Feel free to contact me for some names of the lawyers in your area who go to trial (and often win) on cases like yours. These are facts that we wish we had on every DUI case.

    How do they prove beyond a reasonable doubt that you were impaired when driving? With a good expert witness (toxicologist) on your side, it will be tough to prove beyond a reasonable doubt that you were at or over .08 at time of driving (assuming your DUI lawyer can get the PAS result in front of the jury).

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  • Should I have a DUI attorney for my DMV stay and hearing?

    I was recently arrested for a DUI and the case seems pretty cut and dry (didn't resist arrest, blew above .08). It was a stupid mistake, I just want to know the best way to handle this as I don't see that there's any way/reason to fight this.

    Aaron’s Answer

    You should get a free consultation with a DUI attorney before making this decision, which must be made within 10 days of the arrest. Day one is the day after the issue date they put on your pink temporary license, and weekends count as part of the 10. If day 10 lands on a weekend, then Monday after that weekend is day 10.

    There are a number of issues at the hearing, and I have won these countless times when the BAC was way above .08%. Odds are against you to win the DMV hearing, but that's better than the zero chance of winning if you don't request the hearing.

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  • Can i drive a vehicle for work if i have an ignition interlock order?

    i have an ignition interlock device installed in my vehicle and will have my license back at the end of this week. Am i able to drive for my employer? Also, the interlock order states i must have the device installed in any vehicle registered in...

    Aaron’s Answer

    You can drive for your employer if you have complied with the proper Vehicle Code Section. You must have notified your employer of your IID requirement and you must carry the notification you gave your employer with you when driving their vehicle.

    Also, you will be required to have an IID on every vehicle you own. If the car is not in your name, and it does not fall under the employer exception, then you cannot drive the car. Check with DMV Mandatory Actions Until to confirm what you can and cannot do before getting behind the wheel of any vehicle.

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  • Can I get my Restricted License without a car?

    I had a Dui exactly a year ago. I finished up all my Dui programs and classes. I'm still continuing to pay my monthly payments fine. I want to get my license back but I dont think I can because i dont have a car, which means I can't install the b...

    Aaron’s Answer

    Assuming you are in Sacramento, the IID is required after a first conviction for DUI (it is one of the 4 test counties requiring IID on first DUI's). There is an exemption form if you do not own a vehicle, but it requires you to fill it out and send it in within 30 days of receipt of IID notification from Sacramento DMV. You should call the Mandatory Actions Unit at Sacramento DMV 916 657-6525 to determine what you need to do to get your license. You can get an SR-22 on your person without having a car, and many insurance companies will issue this policy. You can try calling John MacDonald Insurance Service at 800 346-5230 to get the SR-22 or more information on the SR-22. They may also be able to access your DMV record and see what is required to help you get back on the road. Once you have the SR-22 you must maintain it for 3 years. If you let it lapse before the three years is up your license will be suspended again.

    Good Luck

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  • Live in CA got a DUI in KS, didn't show up to court now have a Warrant i

    I live in CA and was on a work related trip in KS. I was pulled over and arrested for DUI in KS. This is the first offense in any state. I was unable to make the hearing because I had to work, and am the sole income provider for my family and ...

    Aaron’s Answer

    • Selected as best answer

    The first thing you need to do is consult with a DUI attorney in Kansas. Try the National College for DUI Defense web site to find a DUI attorney who practices in the county of your arrest. You want to get on this asap as any license suspension in Kansas may trigger a suspension of your driving privilege in CA. The Kansas DUI attorney can let you know if you will be needed in court to recall the warrant. If you get lucky, it's a court where the attorney can get the warrant recalled without you showing up, and possibly that attorney can handle the entire case without a return trip on your part.

    Good Luck

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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?

    Is it only San Diego County that gives 5 years probation for a first time D.U.I? To my understanding, San Diego County is the only county that gives 5 years probation for a first time DUI, and 3 years for every other misdeameanors. I'm on my...

    Aaron’s Answer

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

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  • License revocation for vehicular manslaughter in California.

    I know that all revocations last for at least one year, but how long does this one last? I was looking through the codes: http://www.dmv.ca.gov/pubs/vctop/d06/vc13351.htm (1) Manslaughter resulting from the operation of a motor vehicle, except...

    Aaron’s Answer

    • Selected as best answer

    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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  • What are the potential penalties of 23152(A DUI charge?is it common for these charges to be dismissed by the DMV or the court?

    i am 26, this is my first offense and was not given the results of my breath test. however it is my understanding that a 23152 (a charge is indicative of a BAC below .08. is that correct?

    Aaron’s Answer

    Assuming this DUI arrest is in Santa Clara County, there is very little chance this case will not be charged. Regarding standard penalties in this county, a DUI with an alcohol level at or under .14 usually results in 5-6 days on the sheriff's work program (trash pick up), a fine of close to $2,000.00, a 32 hour DUI School and three years of probation. If you are .15 or higher add three days to the work program. Add more if you are above a .20 and or if you were in an accident.

    You should consult a DUI lawyer to discuss your case. Also, make sure the DMV is contacted within 10 days and an administrative per se hearing is requested.

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  • DUI, higher PAS result than machine at station. Is this case defensible

    24 year old, 2nd DUI with probation violation. Said no to physical FSTs, PAS test .09 with breath test at station of .08 was not asked about sleep or eating pattern and was only pulled over for basic speed violation. I did unfortunately say I had ...

    Aaron’s Answer

    If you are still absorbing alcohol when you do the PAS test, then the PAS results can be higher than your actual Blood Alcohol Level at the time of the blow. Also, the PAS results might not be allowed in at Trial, although more often than not they come in. A good DUI lawyer can help you determine the strengths of your case, and negotiate a disposition if you choose not to go to trial. It costs you nothing to get a Free consultation.

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