Aaron Reuben Bortel’s Answers

A no driving defense is one of the strongest for a DUI case. There is no proof of driving and you have a witness that will say you were not driving. The answer to your question is YES, you can fight this DUI. You should find a DUI lawyer who is familiar with the court you will be attending. Make sure he or she is a member of the California DUI Lawyers Association and the National College of DUI Defense, and that most of their practice if not all is DUI defense. Make sure the DMV...

You heard correct regarding the .01% rule while you are on probation. This may be in the paperwork you should have received from the court upon conviction. Once your probation is over, the .01% rule no longer applies. However, you can be charged with a 2nd offense DUI if it happens within ten years from the date of offense on your first one, and the cop believes you are driving under the influence or at .08% or above. Many Cops are now arresting people when under .08, but that is...

If you had a lawyer for this case, check with them for your conditions of probation. You can also get the conditions from the clerk's office for the court where you were convicted. Moving out of state should not be a problem if you are on unsupervised probation, as there is nothing to transfer. However, usually you are required to let the court know when you change your address while you are still on unsupervised probation. If this is a federal case, you do have to check with your probation...

Start with the DMV Mandatory Actions Unit in Sacramento. You will often get incorrect advice from the local DMV's, so start at the top.

There is a 10% margin of error on a blood test. The lab is usually comparing two numbers to get an average that they report. Blood can also be re-tested by someone other than the D.A.'s lab. There are a lot of issues in a .08 Blood case and you should hire an experienced DUI lawyer to defend this case in Court and at DMV. That attorney can give you your best answers once he/she reviews the discovery and goes over your account of the stop in detail. This sounds like a good case for a...

Find a DUI lawyer in your area whose main focus is DUI defense and get a free consultation. You have only 10 days from the date of offense to request a DMV hearing or your license will go into suspension 30 days after arrest. A public defender will not be able to assist you at DMV. Talk to the lawyer before making any statement to your insurance company.

Without more information, it sounds like your last DUI over ten years ago was within seven years of a prior DUI. That would cause DMV to require you to take the Multiple Offender DUI School before giving your license back. Talk to the Mandatory Unit at Sacramento DMV to confirm what you need to do to get your license back. You will also need SR-22 proof of insurance and must maintain it for three years after you get your license back.

Your attorney is the first place to start to answer this question. You've already been told above about the options of admin review (very tough to win there) and a writ (expensive, but at least you may get a stay of suspension until Superior Court makes a ruling many months later). A Hellmandollar plea is an option with the court case. If your attorney is not familiar with this then ask them to contact a DUI Lawyer who can teach them about it. The right judge, even in San Mateo County,...

This is a question that you need to discuss with your public defender. You might be able to help them by getting the scram and or scram-X put on now. Other things that can help are proof of AA meetings (7 per week is a good start) and a letter from a therapist showing you are addressing your issues. Courts like to see the above types of moves on your part. You should also consider residential treatment, with at least a 28 day program to start. The work you do now will help with the...

The DA will decided whether or not to charge you with a crime. You want to consult with a DUI lawyer to discuss your case, and do not try to deal with this without a lawyer. Impaired driving due to marijuana or marijuana and a small amount of alcohol is a lot harder to prove than dui alcohol. This sounds like a case that can be won, but there is no way to predict the outcome based on the information you've presented so far. A DUI lawyer needs to interview you, examine the police report,...