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Aaron Reuben Bortel
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Aaron Bortel’s Answers

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  • Why was a "nunc pro tunc" not part of my plea deal?

    Got 6 month restricted license in November 2010 from DMV for DUI arrest. Planned on fighting charge, changed mind and took plea bargain in March 2011. The Court handed me ANOTHER 6 month suspension which started in March. My attorney said there ...

    Aaron’s Answer

    You should consult with a DUI Lawyer who understands the law and how DMV works. Putting it in the hands of the cops to try and figure it out is risky and could result in new charges, probation violation, impoundment of vehicle, etc...

    DMV mandatory actions unit in Sacramento may be able to help and straighten out the suspension (it may or may not be possible to run concurrently), but before contacting them you should talk to a DUI Lawyer who can evaluate everything, specifically dates, and properly advise you. We do not currently have enough information to properly advise you and this really needs a full consultation.

    Good Luck

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  • Was arrested for dui and never read my rights dose the arresting officer have to read me my rights

    Do they have to read me my rights

    Aaron’s Answer

    On a DUI stop, the officers are allowed to ask many investigatory questions before making the decision to arrest you. Once they have asked their questions and run you through the Field Sobriety Tests, the next step is usually the handcuffs and arrest. At that point, they are supposed to read Miranda warnings if they want to further question you and use the new post arrest answers against you. They usually get all the answers they need before the arrest, so a strong Miranda violation defense is pretty rare in a DUI case. You should talk with a DUI lawyer who practices in your area of arrest to determine this issue as it applies to your case, and any other possible defenses.

    Good Luck

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  • 3 years ago I visited Orange County, and end up getting a DUI on my visit. Can anyone help?

    I am currently in WA , living at home with minimum funds. what is the average cost of a case like this? And also does anyone have any good referals? I really want to get this resolve. Please help any advise would be appreciated. Thank you.

    Aaron’s Answer

    A DUI conviction can have a long lasting negative impact on your life. You should find a way to come up with the funds and hire a DUI lawyer in the Orange County area. Find one who is a member of the National College for DUI Defense and the California DUI Lawyers Association. That person will usually be a DUI lawyer who understands how to fight a DUI case. Many DUI lawyers will let you do a payment plan.

    I'm not sure why the previous lawyer who posted referred you to Kapsack and Bair. They are DUI lawyers in Northern California, not Orange County.

    You need to know that if you get convicted of this offense, you will not be allowed to travel to Canada. This may be an issue since you live in the State of Washington. Again, hire a DUI lawyer and try to win your case. The length of time since arrest may help you, but that is for the DUI lawyer to determine.

    Good Luck

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  • Termination from DUI class

    What would happen if you were to be terminated from court appointed DUI course due to excessive abscences? I have a hectic work schedule with no set schedule and overtime and am afraid this will cause me to miss classes. What usually happens?

    Aaron’s Answer

    When DMV gets notice of your termination from DUI School, you will no longer be able to keep a restricted license. You will go right into a suspended license, and will not be able to get a restricted back, even if you re-enroll in the School.

    Talk to your DUI School. You can take a leave of absence from the school for I believe up to one year, and still get credit for classes already completed. They usually charge about 50 bucks for this to happen, but you must do it before they terminate you. This way you can keep your restricted license. Make sure if you take a leave, that you are still able to complete the class in the amount of time the court gave you to turn in proof of completion. If not, you will need to go back to court (talk to your attorney about the best way to do this) and request and extension of the proof of completion date.

    As long as you stay ahead of the dates (Court and Class) you will not end up with DMV negative consequences or a court arrest warrant.

    Good Luck,

    Aaron Bortel

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  • Went To Court For DUI But They Had No Record Of My File. City Hall Has Suspended For Further Review. What Exactly Does That Mean

    i Had To Speak With Speak With The Prosecutor Office To Receive This Info.

    Aaron’s Answer

    Even if the criminal case has not been filed in court, the DMV APS hearing will still happen. The DMV will continue the case if they do not have chemical test results at the time of the hearing. If the chemical test results come back under .08 BAC, they DMV should set aside the suspension. If test results are at or over .08 BAC, you should have a DUI lawyer fighting this case for you and properly advising you throughout the entire process.

    Good Luck,

    Aaron Bortel

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  • Went To Court For DUI But They Had No Record Of My File. City Hall Has Suspended For Further Review. What Exactly Does That Mean

    i Had To Speak With Speak With The Prosecutor Office To Receive This Info.

    Aaron’s Answer

    The prosecution has up to one year to file a misdemeanor DUI. The longer it takes them to file, the better your odds are that they don't file. Many jurisdictions take months to file. I would not recommend you talking to the prosecution about the case. Hire a DUI attorney who can do this for you and take care of the DMV hearing.

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  • I had a dui conviction a few years ago and then was pulled over last oct and arrested but my court case was thrown out so there

    there is no second conviction. My question is do I have to complete an 18 month program for the DMV which has suspended my lic for a year. Iv'e heard 2 different things both from sacramento DMV office says I do not have to attend and local DMV sa...

    Aaron’s Answer

    With no court conviction, you should not have to do a multiple offender program. The program you are required to do is based on the court conviction. Since no conviction, no program should be required. If you had a reduced charge in court and got a wet reckless, you would need to do a 9 month class. If you were convicted of a 2nd DUI in court, under the new law you could actually get a restricted license with an interlock after three months of no driving.

    If still not sure, and it sounds like you may be more confused due to the advice the other attorneys have left, contact the DMV mandatory actions unit again to get the answer. Local DMV driver safety offices are often clueless, so check with mandatory.

    Good Luck. Since I'm not sure what "thrown out" specifically means, if it is just a failure to charge on the original arraignment date, know that the DA has one year to bring the charges on a misdemeanor DUI.

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  • Why is the CA DMV saying I do not have an SR-22 on file when I do?

    I just got a letter from the DMV that says I do not have my SR-22 in place. I have had a restricted license for months now and I actually just got my regular license back like 2 days ago. Isn't it true that I would have not gotten any kind of li...

    Aaron’s Answer

    That is probably your answer. DMV will often see any change of SR-22 information as a cancellation, even if it is notice of a modification of address, or a new SR-22 with a different insurance company. This should straighten out and again I suggest you call your insurance company tomorrow AM.

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  • Why is the CA DMV saying I do not have an SR-22 on file when I do?

    I just got a letter from the DMV that says I do not have my SR-22 in place. I have had a restricted license for months now and I actually just got my regular license back like 2 days ago. Isn't it true that I would have not gotten any kind of li...

    Aaron’s Answer

    This is one where you want to start with the insurance company that issued the SR-22. They can look up your DMV and should straighten it out for you. Assuming you have made your payments on the policy, the DMV generated letter you received is probably the result of something your insurance company sent them. Have you made any recent changes in your insurance policy?

    If your insurance company can't straighten this out, then check with DMV. Call the DMV Mandatory Unit in Sacramento. The local Driver Safety branches are less likely to give you proper advice. Good Luck

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  • I Need to Appeal my DUI to The Administrative Review Board !

    I lost my license from a DUI at the DMV safety hearing meeting. Question? Is there a vehicle code/law on the books that would allow me to appeal to a higher level i.e. Administrative Review Board? I've read on the Calif DMV web site that (V.C. ...

    Aaron’s Answer

    Spencer,

    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 requested the above departmental review your time to request Superior Court help through the writ process extends to over 90 days. This should not be attempted without an attorney, or without consulting a DUI lawyer who does these writs first.

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