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Aaron Reuben Bortel
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Aaron Bortel’s Answers

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  • I was convicted of high bac dui. Does 9 month dui school equal nine month license restriction? Have complied with all terms.

    I am able to reinstate my retricted license June 22, 2011. Will have completed one month of nine month dui school. Is License "restricted for 8 additonal months for duration of dui school?

    Aaron’s Answer

    You are correct. The DMV will not allow full reinstatement of the license (ending the restriction) until you have completed the DUI School. The School will send DMV the proof of completion, and then you can pay to have the license full reinstated as long as you have an SR-22 on file with DMV.

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  • I plead no contest and got a dry reckless, but i did not ask for a DMV hearing. Am i able to get my license back somehow?

    So my public defender help me get a dry reckless by pleading no contest. The Public defender told me that my license won't be suspended, but i did not fully understand how i will get my license back. Now that the case is over, i need a driver's li...

    Aaron’s Answer

    What your public defender needed to do was try to get the court to make a finding of not guilty on the 23152(b) charge when you got the dry reckless. That finding could have been sent to DMV in Sacramento and the suspension of your license would have been lifted. Since that did not happen, you chances of getting a late hearing are between slim and none, much closer to none. Hiring an attorney to try and get this later or as DMV calls it belated hearing will probably be a waste of money. If you want to look further into the late hearing request, interview a few attorneys who practice mainly DUI law and who are members of the California DUI Lawyers Association and the National College for DUI Defense. These lawyers should give you free consultations.

    What you can do once you've served the 30 days of suspension is get a restricted license. To get that license you will need to enroll in and eventually complete a 32 hour DUI School. You will also need an SR-22, which you will need either way once you get your license reinstated. You will also have to pay a reissue fee to DMV. The license restriction will be for five months. If you choose not to get the restricted license, you can wait until you have served 120 days of suspension, then can get a full license back without doing the 32 hour DUI School, but you will still need the SR-22. A restricted license allows driving to and from work, while working and to and from the DUI School.

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  • Hit and Run, waiting for arrest, alcohol mentioned, but no BAC

    I was involved in an hit and run on a parked vehicle. I had consumed 3/4 of a beer. I fled the scene, but found out the cops investigated, and called to turn myself in. The cops have me on record as buying 1 beer. I have a prior DUI conviction...

    Aaron’s Answer

    Talk to a lawyer before talking to the cops again. The lawyer needs to know all the details of the case before advising you on how to proceed. You need proper legal advice in a situation like this.

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  • When does insurance find out about your DUI?

    How long does it take for an insurance company (AAA) to find out that you've had a DUI? Would they raise your rates upon being arrested for a DUI alone or would they wait for a conviction of a DUI or reckless driving charge? I'm asking this be...

    Aaron’s Answer

    The rates do not go up until renewal time. They are likely to find out about the DUI if they do a check before renewal. If you go with another company for the SR-22, do so before there is any loss of hearing at DMV or court conviction and you can save money. Make sure the SR-22 plan you get will allow you to transfer your full insurance if needed at a later date, for a good rate. You might try calling John MacDonald Insurance Services. They can explain how the insurance works and have saved my clients a lot of money over the years. Their number is 949 788-1020.

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  • I got my first dui just a few days ago and i was taken into custody...the booking drunk tank deal. My bac was ,081 and .082

    this is my first time being arrested never been in cuffs till now... never nothing with the police.... did all the test on the side of the road and breathalyser.... but was never read my rights.... what should I expect next. can i fight this?

    Aaron’s Answer

    You should be represented by a DUI lawyer in this matter, both at DMV and in court. You have 10 calendar days from the date of arrest to request an administrative per se hearing with the DMV to begin the process of saving your license. Have the DUI lawyer request this DMV hearing for you (assuming you hire them within the 10 days).

    Each court in the bay area is different, so what to expect in court will partially depend on what court you are in. If you are in Santa Clara County, they may not even offer a reduction of charges for this case. They often charge DUI's when the BAC is .07 or .06.

    To your question of can you fight this, the answer is yes. There are many defenses with a .08 BAC, such as margin of error on the breath machines and rising BAC.

    You can get a free consultation with a DUI lawyer, and should find one asap. To find a DUI lawyer look for someone who is a member of the California DUI Lawyers Association and the National College for DUI Defense.

    Aaron Bortel
    415 247-0700

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  • If it has been 7 years since my last conviction, does the new law still apply to me. Can you fill me in on the other laws that

    may pertain to my situation.

    Aaron’s Answer

    Assuming you are talking about a DUI arrest and conviction seven years ago, then yes, the law has changed since then and the 10 year prior offense law applies to you. Like the old seven year prior law, it looks at the date of arrest, not conviction to determine if the new arrest for DUI can be charged as a second DUI.

    What you should also know is that this prior DUI within 10 year law may one day get extended. Some states count prior DUI's going back 20 years, and some make it a lifetime prior.

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  • Is it possible to reduce DUI charges to a wet and reckless with a .14?

    I am 22 w/ a clean record, I've never been pulled over before, no prev DUI's. I went out drinking w/ friends. I spent the night at my friends house to avoid driving home drunk. I fall asleep by 3AM and wake up by 10AM. I get into my car parked uph...

    Aaron’s Answer

    The best chance to get a reduced charge is to hire a DUI lawyer. Find someone who regularly practices in the County of your arrest. This attorney should be a member of the California DUI Lawyers Association and the National College for DUI Defense. Most DUI lawyers will offer a free consultation. Find the time to research attorneys and decide who you feel comfortable with.

    Every County and DA's office has a different policy on how far they will go. In the last few weeks I've had charges reduced due to client's line of work and understanding prosecutors. Both cases had .14/.13 results on the breath machines. While this was possible in one county, it would not have worked in some of the other local counties due to stricter DA office policies.

    There is too much on the line with your Nursing career to try and do this without an attorney.

    Good Luck

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  • 3 months before i turned 21, i was pulled over for speeding. he wrote my ticket out and before leaving he decided to give me a

    breathalyzer randomly. i had been drinking and therefore, blew a .03, .06 and finally a .04 (which is what i was cited for) .. and then he towed my car. he did not arrest me however.. Do i have a better chance of fighting this? Now that i am 21, d...

    Aaron’s Answer

    Since this happened over three months ago, is it safe to assume you did not contact DMV to request a hearing? If that is the case, you can try to get a critical need license from the DMV (and court must also grant this request if you are convicted of an infraction DUI that results in a one year suspension). A critical need license requires someone who was under 21 when arrested for DUI to show they support themselves and there is no other way to get to work or school than by car. DMV rarely grants them and an experienced DUI lawyer can help you apply.

    In fighting the court case, your attorney will probably want to go after the accuracy of the machine used to test your BAC. You should do a free consultation with a DUI lawyer who practices in the Bay Area. There is a lot more this attorney will need to know to further guide you in this case.

    Aaron Bortel
    650 5th Street, Suite 508
    San Francisco, CA 94107
    (415) 247-0700

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  • DUI Probation Violation

    I got a DUI in 2001, 2007, and 2008 so 3 all together and I received my License to drive on April 1, 2011 so just about a month ago. After my 3rd DUI i did everything I was asked to do. However, just a couple days ago, I was pulled over for sp...

    Aaron’s Answer

    Probation for a DUI can be from 3-5 years. On a 3rd DUI, probation is often for 5 years. You might even be on two probations. For your 3rd DUI, a probation violation can result in up to a year in jail minus whatever time you served when convicted of the DUI.

    One condition of probation is that you not drive with alcohol in your system. Not only are you facing the court action for this violation, but assuming the cops turned in paperwork to the DMV after the new arrest, you could lose your license for a year. This is an actual hard suspension with no restricted driving allowed.

    In order to save your license and have the best chance to avoid a probation violation, you should contact an experienced DUI lawyer who practices in your area. A good place to look is an attorney who is a member of the National College for DUI Defense (NCDD) and the California DUI Lawyers Association (CDLA).

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  • I had a D.u.I in April 2004 & i was wondering if by now 05/01/20011 was out of my record, since the new law was approve in 2007?

    After the first D.U.I i neve got a secound one and I learn my lesson. but now I want to apply to a better job that might request a background check and i don want this insident to be in the desicion factor. thanks and this is a great web site

    Aaron’s Answer

    The DUI will probably never be removed from your criminal record. The best you can usually do with a DUI conviction is apply (an attorney can help) for an expungement under penal code section 1203.4. If the expungement is granted by the court where you were convicted, your criminal record will still show the conviction, but it will also show that the conviction has been dismissed.

    Even though the law in 2004 said if convicted it would count as a prior offense for seven years, the new law you are talking about makes your 2004 conviction count as a prior DUI for ten years.

    Talk to a DUI lawyer about exactly what an employer will see if you get an expungement granted, and about what you are required to reveal in a job application.

    Good Luck

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