You can request departmental review, which has very little chance of success. If you are within 15 days of the date of decision by the DMV hearing officer, you can make this request by sending DMV $120.00 and requesting departmental review for action taken pursuant to Vehicle code section 13353 or 13353.2. Having an attorney for this is usually a good move.
The other way to appeal is to go through the Superior Court. You have 34 days from DMV decision to do this, or if you've...
The DA must be able to prove you were driving. You are ahead of most in this situation as you have a witness who will say you were not the driver, and that he drove. You should consult with a DUI lawyer who knows how to handle these cases.
You are welcome to contact my office, as I practice in the Bay Area. If I am not the right attorney for you I can at least give you a number of other excellent DUI lawyers who practice in your area.
Assuming the DMV accepted the completion certificate, you will still need an SR-22 in order to get California DMV to lift the suspension. Once the suspension is lifted, it should be easier to get a license in another state.
DMV used to require the driver to turn in the DUI School proof of completion. Due to internal DMV fraud, they changed the requirement and now have the schools send in the proof of completion. You might need to go back to the School to get some help with this if DMV...
VC 23140 is used for charging someone under 21 years old who has a .05% BAC or more. Congratulations on getting the case dismissed. Assuming that is a court dismissal, you still have DMV to deal with. DMV has a different burden of proof and you need to win that hearing to avoid the minimum one year suspension. If you win DMV, you can get your license back.
You should consult with a DUI lawyer if you have not done so already. Under 21 DMV hearings are often very difficult to win.
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...
All checkpoint cases in San Francisco should be challenged. The last two checkpoint cases I challenged with motions in San Francisco resulted in dismissal of DUI charges and very happy clients. Please feel free to contact my office for a free consultation.
650 Fifth Street, Suite 508
San Francisco, CA 94107
The question here is what was your BAC at the time of driving. A PAS result two hours earlier at or under a .10 is a good indication of a rising BAC. We need to know your drinking pattern in a case like this. How close was your last drink(s) to the time of driving. When was your last meal and how much did you eat? A case like this can be won at Jury Trial with reasonable arguments and a strong toxicologist on your side.
It is difficult to get San Mateo County to reduce on a .10 second...